HomeMy WebLinkAbout2014-0304 Council Agenda PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 4, 2014
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to the next
regularly scheduled Council meeting [AMC 2.04.030.E.]
7:00 p.m. Regular Meeting
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. APPROVAL OF MINUTES
1. Business Meeting of February 18, 2014
2. Study Session of February 18, 2014
VI. SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of March 8, 2014 as International Women's Day
VII. CONSENT AGENDA
1. Appointment of Victoria Sturtevant to the Firewise Commission
2. Request to donate fire pumper and rescue equipment to Guanajuato
3. Award of a professional services contract in excess of $75,000 for the
Wastewater Treatment Plant Supervisory Control and Data Acquisition
Upgrade project
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must
conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to
9:30 p.m. by a two-thirds vote of council {AMC §2.04.050})
None.
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum]
X. UNFINISHED BUSINESS
1. First Reading by title only of an ordinance titled, "An ordinance amending
AMC Chapter 2: Rules of City Council; Uniform Policies and Operating
Procedures for Advisory Commissions and Boards; Recreation Commission;
Conservation Commission; and Certain Administrative and Operating
Departments"
XI. NEW AND MISCELLANEOUS BUSINESS
1. Approval of Medford Water Commission Talent, Ashland, and Phoenix
System Development Charge Payment and Water Delivery Agreements
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
None ,
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT OF BUSINESS MEETING
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title 1).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
Regular City Council Meeting
February 18, 2014
Page 1 of 10
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 18,2014
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced the City was accepting applications for annual appointments to the various
Commissions and Committees. The deadline for applications was March 21, 2014. In addition to annual
appointments, there was one vacancy on the Citizens' Budget Committee. The deadline for applications for
the Citizens' Budget Committee was March 14, 2014.
APPROVAL OF MINUTES
The minutes of the Study Session of February 3, 2014 and the Business Meeting of February 4, 2014 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Transportation Commission Chair David Young provided the annual presentation on the Transportation
Commission and noted Commission projects and accomplishments.
CONSENT AGENDA
1. Acceptance of commission minutes
2. Approval of a liquor license application for Elijah Katkin dba Brick Room, LLC
3. Approval of a liquor license application for Lorenzo Mussell dba Evo's
4. Special procurement for worker's compensation third party administrative services
5. Request for extension and increase in contract of special procurement for boundary survey work
on the Calle Guanajuato
6. Approval of sole source procurement of two public contracts with Hunter Communications for
data and radio fiber optic network services
7. Ashland Fire & Rescue's 2013 Annual Report
8. Mayor's appointments to the ad hoc Committee on Downtown Beautification and Improvements
Councilor Voisin pulled Consent Agenda items #4, #7, and #8, and Councilor Marsh pulled #7 for further
discussion.
Human Resources Director Tina Gray addressed the special procurement for worker's compensation third
party administrative services and explained the local provider went out of business. Instead of going out to
bid for services staff recommended renewing the contract with Tristar Risk Management. Ms. Gray also
recommended longer contract terms for third party administrator services.
Fire Chief John Karns shared highlights from the Ashland Fire & Rescue's 2013 Annual Report that included
the Forest Resiliency project, Firewise program, Fire Adapted Communities program, and Emergency
Preparedness. The Fire Department would focus on Ashland's changing demographics in 2014. Emergency
Medical Services (EMS) overall budget continued to bring in net income that declined slightly each year. He
explained July 2013 was the highest month for incidences due to the tourist industry and used mountain bike
activity as an example for the increase.
Regular City Council Meeting
February 18, 2014
Page 2 of 10
City Administrator Dave Kanner addressed the Mayor's appointments to the ad hoc Committee on
Downtown Beautification and Improvements. He clarified the Committee would incorporate public input in
formulating the four-year plan based on specific motions from Council during the December 17, 2013
meeting. Staff would provide the Committee with the list of projects accumulated from Councilors, and
there was no presumption they would adopt a specific plan or set of projects.
Colin Swales/143 Eighth Street/Spoke regarding the ad hoc Committee on Downtown Beautification and
Improvements and explained the whole thing was pulled from TSP (Transportation System Plan) in the past
by pressure from certain public groups who were very influential in Ashland. The way it was put forward on
the City website and promulgated in the community limited the committee to a small contingent of business
community oriented people and excluded those living closer to downtown as well as the entire public from
the public process. He wanted to ensure outreach was thorough and fulfilled the role of citizen participation
that was required for the participatory government.
Councilor Voisin motioned the ad hoc Committee on Downtown Beautification and Improvements prioritize
the Plaza improvement project to be something considered before tourist season begins. Motion died for lack
of a second.
Councilor Slattery/Marsh m/s to approve the entire Consent Agenda. Voice Vote: ALL AYES.
PUBLIC HEARINGS
1. Public Hearing and first reading of and ordinance titled, "An ordinance modifying the Verde
Village Subdivision's Development Agreement to clarify project phasing and make clear which
improvements are required with each phase and allow either phase to occur first; to change the
energy efficiency requirements for the development so that all units will be constructed to at least
Earth Advantage Gold Standards and will be photovoltaic ready; and to change the landscaping
requirements associated with construction of the multi-use path"
Mayor Stromberg called the Public Hearing for an Ordinance modifying the Verde Village Subdivision
Development Agreement to order at 7:24 p.m. He explained the rules for the conduct of the hearing and that
the Public Hearing Format for Land Use Hearings - A Guide for Participants and Citizens was available on
the wall in the back of Council Chambers.
ABSENTIONS, CONFLICTS, EX PARTE CONTACTS
Councilor Voisin declared she had met with the developers three and a half years before who explained the
premise for Verde Village. She stated she had not prejudged the application, was not prejudiced or biased,
and would make a decision based solely on the public interest and the application of the relevant criteria and
standards to the facts and evidence in the record of the proceeding. No other Ex Parte, absentions, or
conflicts were declared.
CHALLENGES
There were no challenges.
STAFF REPORT
Community Development Director Bill Molnar explained in 2007 the 12 acre area was annexed into the City
of Ashland. The project would develop a 68-unit residential development consisting of a variety of housing
including 15 affordable units already constructed. It also involved a land exchange between the City and the
applicant and a development agreement that included a timeline. Shortly after that, the housing market
crashed and the applicants put the remainder of the project on hold. Since that time, the applicants came
before Council three times for modifications to the development agreement specifically regarding the
timeline. Associate Planner Derek Severson provided a presentation on the development agreement
modifications that included:
Regular City Council Meeting
February 18, 2014
Page 3 of 10
Approved & Adopted by Ordinance #2945 on December 19, 2007
• Annexation, Comprehensive Plan & Zoning Map changes from County RR-5 to City R-1-3.5, R-1-5
and R-1-7.5
• Outline Plan approval to develop the property as a 68-unit residential development Site Review
approval for multi-family development
• Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland
Creek Riparian Preservation Area.
• Tree Removal Permit
• Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, not
to locate a street adjacent to natural features and to not connect two of the proposed streets.
• Variances to reduce the on-street parking requirement to 38 spaces, to reduce the rear yard setback,
and to reduce the required distance between buildings for cottages.
• Administrative Variance to have the primary orientation of the buildings to the south, rather than to
the street to maximize use of solar energy.
• Land exchange with the City dedicating 2.78 acres adjacent to Ashland Creek for parks purposes in
exchange for approximately 1.54 acres of the Dog Park in the area of the access and south of the
parking area.
• Development Agreement with the City governing development to completion, including a detailed
timeline and "Exhibit K-3" net zero energy performance standard.
Rice Park - 15 Affordable Units Constructed & Occupied
Modifications Proposed
• Project Phasing - Applicants request to make the project a true two-phase project, noting that the
current development agreement requires the bulk of infrastructure with first phase. They propose
infrastructure installation more in keeping with phasing, and clear flexibility in terms of the order in
which the phases are constructed (i.e. either phase could be built first, or both simultaneously).
Greenway and sidewalk on Nevada would be with Phase It.
The Planning Commission asked staff to look into what assurances were in the development agreement and
what subsequent assurances were included regarding the greenway installation. The development agreement
established specifically the greenway installation was solely the applicants' responsibility. As required in the
development agreement, the applicants' entered into an agreement to install improvements, provide security
and maintenance for the installation of the greenway and associated landscaping and gave the City a trust
deed to secure the installation. The installation would move to the second phase. The trust deed was an
interest in the property in exchange for the cost of completion. If the property did not sell, the development
agreement gave the City a financial interest in the property at sale to complete the improvements.
• Energy Efficiency - All units in the development are subject to a unique, project-specific "net-zero
energy performance standard" proposed by the applicants in 2006. The applicants are requesting to
change the energy efficiency requirements to be more compatible with technological changes since
2006 and easier to administer by instead meeting at least obtaining an Earth Advantage "Gold"/
"Photovoltaic Ready" certification.
The current requirement to have the project be net zero energy was more prohibitive in cost and an unknown
quantity to a buyer or lender. Earth Advantage Gold was easily recognized and had a third party rating.
• Multi-Use Path - The riparian corridor mitigation plantings would be reduced from currently
approved corridor plan to installing the ten-foot buffer plantings on the subdivision side plus the ten-
foot path, four feet of landscaping on either side of the path, and re-vegetation of any additional areas
of disturbance associated with the path installation.
Regular City Council Meeting
February 18, 2014
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Phasing - Map
Rice Park was completed with temporary improvements regarding access and emergency vehicle access.
Staff wanted access for Rice Park to Nevada Street and a road for the public to get to the dog park regardless
of what happened next in phasing. The applicants indicated they would add both road connections prior to
building the first house no matter which phase was next.
Energy Efficiency
• Currently subject to "Exhibit K-3" which prescribes a unique, project specific net-zero energy
performance standard for all units, & which aimed for buildings 50 percent more energy & water
efficient than current code (in 2006-2007).
• Would change to Earth Advantage Gold/Photovoltaic Ready, which would be 15 percent more
energy efficient than current codes, and likely 20-30 percent more efficient than codes in place when
the subdivision was approved, through an established program with third-party verification.
Path Installation - Maps/Charts
Ashland Parks & Recreation Commission (December 23, 2013)
1) Allow Verde Village developers to wait for the second phase of development to install the path if the
first phase was not along the path; however, if the first phase was implemented and the developers
did not put in the second phase along the pathway, after five years they would need to build the path.
2) Allow the proposed vegetation in the development plan to be reduced to an 18-foot wide corridor
along and including the bike path, including any affected or disturbed areas within that corridor
which would be re-vegetated, as opposed to how the plan is shown.
3) Allow Parks' professional staff the flexibility to work with the developer to identify any additional
trees to plant outside or inside the identified 18-foot corridor.
Since the project, Ashland Municipal Code 18.63 Water Resource Protection Zones was adopted. The
development agreement allowed the City to apply new regulations to the agreement with any modification.
Much of the information in the development agreement reflected the adopted ordinance. The homes as
originally shown, complied with the 50-foot riparian protection zone. Some regulation changes might affect
the fencing. The 10-foot paved path would happen through a limited use permit. Council could request a
mitigation plan, and management and maintenance provisions but it would likely result with what they
currently had. Enforcing the pathway after five years would be a condition of the development agreement
and part of the adopted ordinance.
City Attorney Dave Lohman added it was an enforceable contract and could go to court if necessary. Prior to
that, the City could discuss using bonds instead. Mr. Severson noted another incentive was the requirement
before 50% of the units were complete the project had to meet certain thresholds before building permits
were issued. The bonds were termed an agreement for construction of required improvements and
installation of maintenance of plant materials supported by a trust deed. Mr. Lohman clarified this was not
the same as a performance bond.
Mr. Severson confirmed some of the land touched flood plain approved as a Physical and Environmental
Constraints Review Permit (P&E permit). Sidewalk installation would extend to Oak Street.
• No recommendation as to reducing required term of maintenance; Parks staff has indicated
that the Commission felt that, with the reduced landscaping, a three-year term as originally
required was appropriate.
• Conservation Division - Recommendation: Conservation Staff is excited at the prospect of an
entire subdivision committing to the Earth Advantage program and supports the concept of utilizing
a tested third party system to help the builder, City staff, and ultimately the homeowner, ensure that
the home functions as designed, approved and built.
Regular City Council Meeting
February 18, 2014
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While the applicant is requesting relief from the photovoltaic solar installation in attempts to reach
"net zero," the Conservation Division's solar incentive programs are still available to individual
builders and homeowners who may be interested in striving to meet the net zero standard. As noted
in the application materials, the orientation of the homes is not proposed to be altered which means
that it is highly likely that all of the homes built will have more than adequate solar exposure to take
advantage of the sun as a power source in the future, either at the time of home construction or as a
retro-fit at some point in the future.
• Planning Commission asked that Legal and Planning Staff look into:
1) What assurances are provided in the Development Agreement, and what security
instruments may have been provided subsequently, to insure that the extension of the Bear
Creek Greenway path will happen if Phase It of the subdivision is never completed?
• Development Agreement
• Contract
• Trust Deed
2) Verify that, with the deletion of several items from the timetable, all obligations of the
applicants are adequately addressed in the timetable document and other exhibits.
Items are moved to first paragraph of timetable, to conditions recommended by Planning
Commission, and remain obligations of the applicants.
• Ashland Planning Commission (from 2/11/2014 meeting) Recommend approval with two
added conditions:
Ex. E, #30 - Phasing. That Phase I and Phase 11 refer to specific portions of the development, and
the applicants shall have the ability to construct Phase II prior to Phase 1, or to construct both phases
at the same time. If the project is built in a single phase, 24 lots (50 percent of the total number of
lots in Phase I and Phase 11) would need to meet the timetable for Phase I. If the project is built in
phases, whichever phase is constructed first shall include the construction of Almeda Drive from its
current terminus out to Heiman Street, and the construction of Perozzi Street (formerly `Canine
Way') from Almeda Drive to the Dog Park. Both streets shall be completed according to the
approved plans (including paving, curbs, gutters, sidewalks, and parkrow planting strips with street
trees on both sides), inspected, and approved prior to the construction of any homes for either phase.
Ex. E, 01 - Multi-Use Path & Nevada Street Sidewalk Timing. That the multi-use path and the
sidewalk on Nevada Street, from Heiman Street to Oak Street, shall be tied to the construction of
Sander Way as part of Phase 11, rather than as a part of Phase 1. A revised plan (replacing Sheet R-1
from December I, 2008) shall be provided prior to pathway installation illustrating the proposed
pathway installation and the redefined limits of the slope stabilization and associated re-vegetation
and shall include the planting of additional trees both inside and outside the pathway corridor to be
selected based on recommendations of Parks Department staff as to the number, type and placement.
The multi-use pathway improvements shall be installed with Phase II of the development, but no
later than five years following completion of the first phase."
Mr. Severson explained the conditions the Planning Commission recommended to Council included the
recommendations from the Parks Commission and the Conservation Commission. Staff recommended
Council adopt the ordinance with the two additions.
APPLICANT'S PRESENTATION
Valerie Williams/744 Heiman Street/Explained they met with the Planning Department and went over
issues with the development agreement, and concerns regarding the Rice Park project. They also talked to
the Conservation staff. Following those discussions, the applicants put together the plan. Having the project
in two phases would allow them flexibility. The multiuse path was tied to the phasing and withholding
building permits was a big incentive for the developer to adhere to the phases and complete the path.
Regular City Council Meeting
February 18, 2014
Page 6 of 10
Ms. Williams addressed landscaping the multiuse path. The Parks and Recreation Department estimated it
would cost $39,000 yearly to maintain if the original acreage was completely landscaped creating a burden
for the developer and long-term for the City. Starting with a smaller area made sense. The modification
would have 18-feet of vegetation with 14-feet on one side and four feet on the other side of the path while
retaining what currently grew beyond those areas.
She went on to address the energy efficiency component and explained when they initially did the agreement
they already had buyers and net zero was in the plan at the time. Going to Earth Advantage and being
photovoltaic ready more than met the City code requirement. The Subdivision was very energy efficient.
Greg Williams/744 Heiman Street/Explained many things involving Rice Park was onerous to track and
implement. They realized they needed to simplify the project, there were heating systems that worked better
than what was available in 2007. Currently they were unable to build the project as specified in the
agreement and the modifications would change that.
Ms. Williams went on to clarify the Parks Commission requested planting trees closer to the path for
watering and maintenance purposes.
THOSE WISHING TO PROVIDE TESTIMONY
Rick Landt/468 Heiman Street/Introduced himself as a Park Commissioner but did not speak for the Parks
Commission. He explained the Parks Commission voted 5-0 for a smaller mitigation area adjacent to the
proposed pathway between Ashland Creek and Verde Village. The reason for his vote was the approved
plan, consistent with the water resource ordinance was impractical and would result in a significant increase
in maintenance costs for the Parks and Recreation Department with very little benefit. The shrub layer was
challenging and expensive to grow to maturity. The applicant's request for a change in the riparian
landscape and that the Public Works Department spent $17,000 to interpret the water resource ordinance
pointed to the flaws in the ordinance. He urged Council to approve the recommended changes from the
Parks Commission and revise the water resource ordinance to a more user friendly, practical ordinance.
Colin Swales/143 Eighth Street/Thought it was unclear if this was an actual land use hearing, and requested
to keep the record open. He thought it was disingenuous of the Planning Department to show a photo of Rice
Park during their presentation, it was not part of the development. Mr. Swales provided his interpretation of
the history regarding the land in Rice Park, which was given to RVCDC to build the units. He stated that in
2008, a trust deed for $400,000 was granted for financial security for construction of the multiuse path and
landscaping, which was reduced to $180,000 in July 2009. Mr. Swales questioned if that was sufficient
funds to cover the project. His main concern was the opportunity of the property owner to remarket and sell
the property. He wanted to ensure the City was well protected and the taxpayers did not end up paying for
replanting along creek bed.
Cate Hartzell/881 East Main Street/Spoke on the prospect that the community would get a walkway along
the creek. She thought net zero was important because it cut the demand the City had to meet. She
understood tradeoffs and questioned why the sidewalk and greenway were now in Phase 2. The applicants
had explained it was because of the cost. She recognized the hardship on the developers and did not want to
lose the one last thing the City had in the deal originally made. The other aspect was the pathway reduction.
She thought it was possible to design a pathway and landscaping within a budget and in a way where the
maintenance was not high. She urged Council to do whatever they could to protect the one real public
benefit and not reduce it further. She also encouraged Council to read the contract carefully and ensure
details were clear prior to signing.
REBUTTAL BY THE APPLICANT
The applicants clarified Rice Park actually paid the bills for the roads but the applicants were paying them
Regular City Council Meeting
February 18, 2014
Page 7 of 10
back through a $200,000 loan. Costs for the multiuse path were unknown when they wrote the initial
security. The applicants signed the trust deed with the intention that once they signed the development
agreement, they could change the note for the true value and they did by getting bids. Regarding net zero,
making the homes photovoltaic ready and facing the south made them close to net zero. Going Earth
Advantage Gold, photovoltaic ready the homes would be passively solar heated.
Public Hearing Closed: 8:21 p.m. with the record remaining open seven days until 4:30 p.m. February
26, 2014 for new submittals, followed by another seven days until March 5, 2014 for rebuttal by the
applicant.
Mr. Severson explained the criteria for the action was on page 11 of 13 in the February 11, 2014 Planning
Department Staff Report. If the property sold to a different developer, they were bond by the development
agreement unless they proposed a different agreement that Council approved. The current development
agreement would end in 2023. By then, if a developer had not met the obligations of the agreement, whoever
assumed development was responsible to continue those obligations.
REQUESTS TO SUBMIT FINAL WRITTEN ARGUMENT
The applicants requested the full seven days to respond to written arguments.
ADVICE FROM LEGAL COUNSEL AND STAFF
Mr. Lohman noted this was a limited amendment and did not think it undermined other parts of the
development agreement. Staff confirmed the record would remain open for seven days, until Wednesday,
February 26, 2014 at 4:30 p.m. for new evidence. The applicant would then have seven days until
Wednesday, March 5, 2014 at 4:30 p.m. to submit written argument but no new evidence.
COUNCIL DELIBERATION AND DECISION
Postponed due to the record remaining open.
PUBLIC FORUM
Bill Skillman/635 Oak Knoll Drive/Opposed the proposed gun control ordinance that Council may
consider. He saw no benefit to public safety in changing open carry regulations. He cited Police Chief Terry
Holderness' discussion regarding the few incidents involving guns and those that occurred were criminal
acts. Firearms are safety equipment that must be available instantaneously.
Natalie Richie/598 East Main Street/Referenced a recent statement by Police Chief Terry Holderness that
banning open carry would not improve public safety. The City attorney made it clear the proposed gun
control ordinances would attract litigation and be expensive. She questioned.why Council was still
discussing the ordinances since it would not provide public safety and ultimately cost the taxpayers. The
estimated cost of a single lawsuit was a minimum of $150,000. That money could go towards another police
officer or gun safety for children so they could embrace their second amendment rights. The push to restrict
citizens' rights pertaining to guns seemed driven by hunger for political gain and a grab for headlines. She
shared her personal history of growing up around guns, referred the 1979 abduction and murder of two
young girls, the murder of David Michael Grubbs, and wanted to be able to continue to defend herself.
Heidi Weeda/313 Cambridge/Explained she went through a gun safety class as a child and thought
everyone should go through some form of gun safety. She shared her heartache over mass shootings
involving children. It was the people's right to protect themselves and a God given right to bear arms. The
government did not have the right to tell anyone how to self protect or protect family and homes. The
proposed gun ordinances risked wasting countless dollars on a problem that did not exist.
Colin Swales/143 Eighth Street/Stated that it was not a God given right to bear arms but a right from the
founding fathers. He expressed his concern with the signs outside Council Chambers that anyone with a
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February 18, 2014
Page 8 of 10
concealed weapon permit was subject to searching. He addressed the possibility of putting the gun
ordinances on the ballot for citizens to decide. He wanted Council to take leadership on the gun ordinances
and not hand it off to the electorate.
Chief Holderness addressed Mr. Swales testimony and clarified it was against the law in Oregon to carry a
firearm into a public building without a concealed weapons permit. Alternately, the City could not regulate
open carry with a concealed weapons permit in a public building. Citizens raised concern after the open
carry of assault weapons during the February 3, 2014 Study Session in Council Chambers. Police staff
posted the signs to alert people they could bring in weapons if they had a concealed weapons permit. He
added that no was searched during the process only told they needed a permit.
UNFINISHED BUSINESS - None
NEW AND MISCELLANEOUS BUSINESS
1. Request for a boundary line adjustment at the corner of 511 Clinton and 625 N. Mountain Avenue
Parks and Recreation Superintendent Rachel Dials explained the boundary line adjustment was for a property
at 511 Clinton Street and 625 North Mountain Avenue that inadvertently encroached on City property.
When the River Walk was constructed, the corner of the home was built on park property. The mistake went
undiscovered until 2013 when new homeowners moved in and unknowingly encroached further onto the
Park property located behind them.
Staff contacted the property owners and worked with them to move the soil that was encroaching. Parks and
Recreation Department staff also worked with the homeowners to secure a surveyor to mark the corners at
the homeowner's expense. The Parks Commission directed staff to continue to work with the homeowners
to ensure the lot met the basic setback requirements and the owners incurred charges at real market value for
any property transfer and paid the associated planning fees. The boundary adjustment was approximately
842 square feet with the price per square foot just over $38. Total cost to the homeowner prior to boundary
line adjustment will be $30,948.28.
Councilor Slattery/Morris m/s to approve the recommended boundary line adjustment for 625 North
Mountain Avenue, adding 814 square feet for a total cost of $30,948.28 per the attached tax lot map.
Roll Call Vote: Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh, YES. Motion
passed.
2. Approval of an emergency procurement for engineering services for the Talent Ashland Phoenix
Pipeline Intertie project
Engineering Services Manager Scott Fleury explained one of the priority recommendations in the Water
Master Plan was an emergency TAP (Talent Ashland Phoenix) hook up that would provide 1,500,000 or
3,000,000 gallons of water to supplement existing water storage as needed. Given current weather
conditions, and future forecasting, staff anticipated potential supply issues late summer on a yearly basis.
The biennium budget allocated $2,000,000 for TAP construction in Fiscal Year 2015. Staff requested
Council approve expediting the process to the current fiscal year with an emergency procurement process to
construct the pipeline by late August, early September 2014. Public Works Director Mike Faught added
another element was a contract with the Medford Water Commission that staff would bring to the next
Council meeting.
Mr. Fleury confirmed the Ashland Municipal Code did allow water services within the Urban Growth
Boundary (UBG) with specific requirements for residents located in the UBG. The project was aggressive
but staff was comfortable with the August-September completion date. Mr. Faught explained the emergency
procurement would not increase costs and depended whether Council decided to choose the 3,000,000 or
1,500,000 million gallon capacity. Additionally, staff would piggyback the pipe purchase with another city
to cut costs. City Administrator Dave Kanner added under state law the City could not bid engineering
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February 18, 2014,
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services. The selection process was qualification based with a price negotiated after the selection.
Councilor Rosenthal/Morris m/s to approve an emergency procurement process for services for the
TAP intertie project. Roll Call Vote: Councilor Rosenthal, Marsh, Voisin, Slattery, Morris, and
Lemhouse, YES. Motion passed.
Councilor Rosenthal/Morris m/s to approve giving contracting authority to the City Administrator in
an amount greater than $100,000 for the TAP intertie project. Roll Call Vote: Councilor Rosenthal,
Marsh, Voisin, Slattery, Morris, and Lemhouse, YES. Motion passed.
3. Addendum clarifying Mt. Ashland Association Agreement
City Attorney Dave Lohman explained at the November 5, 2013 meeting Council considered an addendum
to the agreement with the Mt. Ashland Association (MAA) that if passed then, would have outlined certain
conditions MAA had to meet going forward with future projects. Council asked for additional clarification
that MAA took back for consideration. MAA requested adding the words "if any" to the addendum (1)(c) to
read: "substantiate by means of a Forest Service financial ability determination, or other means
acceptable to the Forest Service, that MAA has sufficient financial resources available to pay for
completion of the project and all interconnected projects, if any, as determined by the U.S. Forest
Service." The purpose of adding the words would make clear that MAA might or might not do all of the
projects listed in the Environmental Impact Statement (EIS).
Colin Swales/143 Eighth Street/Reported that MAA had not paved the car park and the cost overruns were
huge. MAA was still trying to raise money and yet his understanding was the US Forest Service did due
diligence to ensure MAA had sufficient funds to proceed. He noted that Mt Ashland might not open this
season and that season passes were not going to be refunded. He questioned whether they could protect the
watershed.
Councilor Slattery/Marsh m/s Council to approve the proposed addendum.
DISCUSSION: Councilor Slattery thought the addendum was straightforward. Councilor Marsh added the
addendum strengthened the City's position. Councilor Voisin did not understand how the addendum
protected the City by removing the performance bonding. Given the cost overruns, inability to complete the
project and the possibility of no ski season this year, Council should restore the performance bond to the
agreement. Councilor Slattery thought the US Forest Service required the performance bond and the City did
not have any legal standing to enforce a performance bond. As long as MAA could pay for cost overruns, it
was not an agreement concern. Councilor Voisin explained the City required a performance bond and did
not think the US Forest Service was actually requiring one. Councilor Lemhouse clarified the proposal
before Council was an addendum to the agreement and a motion would be needed to propose another
agreement. Councilor Morris added Mr. Lohman had explained that the performance bond was part of a
funding combination and not necessarily required if other parts of the combination were secured. Many of
the delays for MAA were due to last minute appeals. He supported the addendum and thought it made it
stronger.
Mr. Lohman clarified the agreement required some form of security and offered three options, as long as one
of those options was provided for, then the City was covered. MAA did not have to provide all three and did
not have to include performance bonding. Roll Call Vote: Councilor Slattery, Morris, Rosenthal,
Lemhouse, Marsh, YES; and Councilor Voisin, NO. Motion passed 5-1.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First Reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 2: Rules
of City Council; Uniform Policies and Operating Procedures for Advisory Commissions and
Boards; Recreation Commission; Conservation Commission; and Certain Administrative and
Operating Departments"
Regular City Council Meeting
February 18, 2014
Page 10 of 10
Item postponed to a future meeting.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Voisin noted the grand opening for the Ashland Community Resource Center was well attended.
The new donated shower and laundry mobile unit would be available March 4, 2014. Councilor Lemhouse
added it was a good experience working with the Center and Lee Madsen.
ADJOURNMENT OF BUSINESS MEETING
Meeting adjourned 9:28 pm
Dana Smith, Assistant to the City Recorder John Stromberg, Mayor
Minutes for the City Council Study Session
February 18, 2014
Page 1 of 2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
February 18, 2014
Council Chambers, 1175 East Main Street
Mayor Stromberg called the meeting to order at 9:29 p.m. in the Civic Center Council Chambers.
Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present.
1. Review, discussion and Council direction to staff regarding an ordinance or ordinances
relating to the open carry of weapons and minor's access to weapons
City Attorney Dave Lohman explained that the two proposed ordinances discussed at the February 3,
2014 Study Session originated from a citizens group. One proposed ordinance would ban under certain
circumstances open carry of loaded firearms as well as open carry of unloaded firearms with attachable
magazine and clip, and would allow police inspection of an open carry weapon to determine whether it is
loaded. The other ordinance would make it illegal to give minors access to firearms without appropriate
permission. At February 3, 2014 Study Session, Council requested that staff bring back a draft ordinance
that had a good chance of withstanding judicial scrutiny and requested more information from the eleven
cities in Oregon that had similar ordinances.
Police Chief Terrv _ Holderness contacted the eleven cities and found some had modified their ordinances
to be consistent with the City of Portland. Not one city had attempted to measure the impact on
community, reviewed crime statistics, or did an analysis of impact. The Police Department planned to
conduct an active analysis on their own but found that data for ordinances established in the 1970s was no
longer available or the ordinances were too recent to have comparative data. The City of Beaverton
passed similar ordinances in 2000 and their data did not reveal anything.
Chief Holderness addressed probable cause as it related to determining whether a gun was loaded. The
Oregon Supreme Court in 1991 made a decision on a case in Portland that stated the only real reason
someone would have to carry a. weapon was to use it and it was reasonable to assume barring other
information that if someone is carrying a gun it was loaded. The fact someone was carrying gun and an
officer could not determine whether the gun was loaded established probable cause in Oregon law. Mr.
Lohman added the case was not overturned and the Supreme Court denied review. However subsequent
cases that referred to it made it clear the issue was and still is whether an officer needed reasonable
suspicion a crime was committed before the police can make a stop. Once the police made the stop, the
stop and frisk statute kicked in and the police had the ability to inspect at that time. The police needed to
establish reasonable suspicion that a crime was committed before they could inspect the weapon.
Chief Holderness explained the police had the right to have a consensual encounter with anyone and that
individual could choose not to respond. None of the eleven cities had ever cited or arrested someone
during a failure to inspect a weapon.
Mr. Lohman clarified a city that continually charged people then subsequently dropped the charges prior
to prosecution would not run the risk of false arrest but could face an equal protection claim.
He went on to explain the staff-proposed ordinance did not include banning ammunition, inspection by
the police and child access in order to have an ordinance that had the best chance to withstand litigation.
Banning loaded open carry had a high likelihood of withstanding judicial scrutiny due to a specific
exemption in the state preemption law that stated local governments could enact a provision to ban loaded
open carry under certain circumstances. The other two elements, banning ammunition, and inspection by
the police, could be subject to challenge in court. A specific preemption in the state statute stated local
Minutes for the City Council Study Session
February 18, 2014
Page 2 of 2
governments could not enact any ordinances concerning ammunition. Police inspection could end up in
litigation due to the Fourth Amendment. The only element highly likely to withstand judicial scrutiny
was the ordinance he presented that just concerned open carry of loaded weapons. In addition, it was
unknown whether the case challenged in Portland would be appealed to federal court.
The ordinance preventing minors' access to firearms might not withstand scrutiny and could invite
litigation. One reason was the preemption statute contained a provision stating local government could
not enact provisions regarding storage of firearms.
He went on to explain his document Realistic Options for Council Action on Firearms Restrictions
provided Council with 13 options that involved ordinances, resolutions, referrals, and taking no action. If
Council wanted to add something to the ballot for May 20, 2014, they would need to act at the March 4,
2014 meeting.
City Administrator Dave Kanner clarified insurance would not cover lawsuit fees related to a policy
decision by the City Council. Liability insurance provided coverage for alleged negligence on the part of
the City that resulted in tortuous harm to a litigant.
City Recorder Barbara Christensen would provide Council with the initiative process for citizens.
Mr. Kanner noted slight consensus from Council in favor of adding Mr. Lehman's draft ordinance and
making the options listed in the Realistic Options for Council Action on Firearms Restrictions available
for public testimony during the March 18, 2014 Council meeting. Staff would also post the options on
Open City Hall. Council agreed. Council discussed their concern adding the original ordinances from the
citizens group to the agenda since the ordinances as written could result in taxpayers paying high
litigation fees. A Councilor could make a motion to add an ordinance or have the original ordinances
considered without it being on the agenda.
Meeting adjourned 10:30 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
a:nsv~l A °F+ A k' : aC
l
PROCLAMATION
• In 1911, International Women's Day was honored the first time in Austria,
Denmark, Germany and Switzerland.
• March 8 is celebrated across the world as International Women's Day and
provides an opportunity to recognize the achievements of women and their
contribution to society.
• We recognize that women have played an extraordinary role in Ashland's
history and continue to be a source of strength and leadership in our city.
• On this day, women can celebrate the progress that has been made but also
contemplate those areas of women's lives where more can be done. Women's
access to education, health care and paid labor has improved, and legislation
that promises equal opportunities for women and respect for their human
rights has been adopted in many countries.
• However, nowhere in the world can women claim to have all the same rights
f~' ) t and opportunities as men, and until we all work together to secure the rights
and full potential of women, lasting solutions to social, economic and D
political problems are unlikely to be found.
• We need to see changes that transform relationships between women and
y men, so women will be able to take greater financial, political and physical
control of their lives.
• International Women's Day addresses the social, economic, and political
barriers still facing women and girls while celebrating their achievements and
the progress that have been made in support of women's equality.
NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of
Ashland, hereby proclaim March 8, 2014 as: .
International Women's Day
Dated this 4th day of March, 2014
John Stromberg, Mayor
v Barbara Christensen, City Recorder
9 9M rr~ :~"7r"'.:g
h A ` T ^f
CITY OF
ASHLAND
Council Communication
March 4, 2014, Business Meeting
Appointment to Firewise Commission
FROM:
Barbara Christensen, City Recorder, christebng ashland.or.us
SUMMARY
Confirm Mayor's appointment of Victoria Sturtevant to the Firewise Commission with a term to expire
April 30, 2017.
BACKGROUND AND POLICY IMPLICATIONS:
This is confirmation by the City Council on the Mayor's appointment to the Firewise Commission.
Ashland Municipal Code (AMC) Chapter 2.17.020
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
None
SUGGESTED MOTION:
Motion to approve appointment of Victoria Sturtevant to the Firewise Commission with a term to
expire April 30, 2017.
ATTACHMENTS:
Application received
Page 1 of 1
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebn, ashland.ocus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Ir 1
Name V LGkO{ tQ S~u(iGJ(M Vr
Requesting to serve on: hifeu tk CO.Nw1~55w H (Commission/Committee)
Address Tao l-ofesr St ~U~al
Occupation {2~red Phone: Home Syl qt? -k-23 aj
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Fax
1. Education Backeround
What schools have you attended? 6orw- Ll I.UAj6r§i h 1 -Mzef Le tU-y
What degrees do you hold? ~ Rk fA L. S40t e5 j
SPrn01bSH
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this ition?
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Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? 55-k 6 =It4-4 dar,a~ wok(( c
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3. Interests
Why are you applying for this position? I~c) rG{+✓'Cd i4c,
-7'i Mt- qi rt loa Le.`, ~ lw.u~ i eat t.~ w.tiwru-GR.S plevel~ J
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4. Availability ',-~C ~nwe- 45 I I s v~ le~{~e la-- 4l~ .
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? P 4 PAllnq olL
5. Additional Information
How long have you lived in this community? SIM 'f- lq
Please use the space below to summarize any additional qualifications you have for this
position
21tDIZoLLj 1 ~ ✓r
Date Signature
~r,
CITY OF
ASHLAND
Council Communication
March 4, 2013, Study Session
Request to Donate Fire Pumper and Rescue Equipment to Guanajuato
FROM:
John Karns, Fire Chief, Ashland Fire & Rescue, kamsj@ashland.or.us
SUMMARY
The Fire Department is purchasing two new pumpers that will be delivered in May of 2014. That will
require that the department's two oldest pumpers be declared surplus and disposed of This is a request
that the oldest pumper, a 1991 unit, be donated to the City of Guanajuato, Mexico, with whom we have
a Sister-City relationship. The City also was awarded a FEMA grant last year that allowed us to
purchase new rope and rescue equipment to replace items that had been in service over 10 years. The
Department is asking to donate some of this equipment to the Guanajuato fire department.
BACKGROUND AND POLICY IMPLICATIONS:
The City of Guanajuato operates a fire department utilizing primarily donated equipment and vehicles
with mostly volunteer personnel. The City of Ashland has donated fire equipment and vehicles in the
past. The Guanajuato Fire Department currently is in need of a pumper to be placed in front-line
service. A formal written request for our 1991 pumper has been received from the Mayor of
Guanajuato. This pumper would significantly improve fire safety for the residents of our sister city in
Mexico. Guanajuato has agreed to provide transportation of the vehicle and rescue equipment from
Ashland to Guanajuato.
• Section 2.54.010 of the AMC Disposal of Surplus and Abandoned Property:
The City of Ashland Finance Department may transfer, trade, auction or sell surplus or
abandoned property to other city departments, political subdivisions, state agencies, or non-
profit organizations. However, the disposal of surplus property having residual value of more
than $10,000 shall be subject to authorization by the Local Contract Review Board.
FISCAL IMPLICATIONS:
The vendor supplying the new pumpers, Hughes Fire Equipment, is offering trade in values of the
department's two oldest pumpers, a 1991 E-1 and a 1993 Western States, of $10,000 and $25,000
respectively. The vehicles would need to pass the annual pump certification test prior to being traded
in. A donation of the 1991 pumper would reduce the total trade-in value by $10,000 minus the cost of
repairs for the vehicle to meet the pump certification test. The City vehicle shop has estimated the
repairs at $2,500.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the donation of the 1991 E-1 pumper and rescue equipment to Guanajuato.
Page I of 2
141,
CITY OF
ASHLAND
SUGGESTED MOTION:
I move to authorize the donation of the 1991 pumper and rescue equipment to our sister city
Guanajuato and direct the Public Contracting Officer to approve the disposal of surplus property
request.
ATTACHMENTS:
Letter from the Mayor of Guanajuato requesting the donation of the 1991 Fire Pumper
Page 2 of 2
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MR. JOHN KARNS
0110! CHIEF
AS11LAND Pllil; & Iili$CUE
A511LAND, OR. 97$70
•IlrarMr. Karns,
Through this letter, we would like to ask you if it is possible for you, to donate personal protective
uquipmunf and a fire engine for combating fires, knowing of your good will and generous support of the
yoluntrer firefighting Department of Guanajuato, Ashland's Sister City.
Ihink the vehicle that could be donated is a 1991 E-1 Cyclone Pumper.
With nothing el a to say at the mom nt, and thanking you in advanced if you are able to grant my request, I
take the oppo unity sendy a warm greeting and emphasize my sincere respect.
'Truly yours,
n
ING. LUIS MW4N
RREZ M 's4 7..
PREISDENTE MUNICIPAL {
GUANAJUATO, GTO.
PA
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_ I I• ~~Y 4~Ys1 I F
CITY OF
ASHLAND
Council Communication
March 4, 2014, Business Meeting
Award of a Professional Services Contract in Excess of $75,000 for the Wastewater
Treatment Plant Supervisory Control and Data Acquisition Upgrade Project
FROM:
David Gies, Wastewater Treatment Plant Supervisor, Public Works, giesd@ashland.or.us
SUMMARY
This is a contract with Portland Engineering to complete the wastewater treatment plant (WWTP)
supervisory control and data acquisition (SCADA) upgrades. This project was identified in the 2012
Master Plan as a capital improvement project. Council approval of the consultant contract will allow
staff to complete the project as recommended.
BACKGROUND AND POLICY IMPLICATIONS:
The Ashland WWTP and collection system pump stations were identified in the 2012 Comprehensive
Wastewater Master Plan as needing to improve the existing SCADA System to aid plant staff in better
tracking of plant operations and improve data logging. The project itself will include system design,
programming and installation for both the treatment plant and collection system pump stations based
on master plan recommendations.
SCADA is a type of industrial control system (ICS) that is utilized to control and keep track of
wastewater treatment plant operational equipment. SCADA is used to gather and analyze real-time
plant data. This data is processed by a computer and is available to view on a regular basis. SCADA
allows plant operators to have a complete overview of the wastewater plant operations from various
work stations located throughout the treatment plant. SCADA also makes and saves data logs for every
event at the plant and this information is saved on a hard drive. In addition SCADA sends operator's
warnings by sounding alarms if pumps or motors fail or flows exceed their designed limits.
Recommendation for plant improvement:
• Improving the existing plant SCADA system to more operator friendly windows and
automatic data logging to aid plant staff in better tracking plant operation parameters.
Recommendation for pump station improvement:
• Add continuous level monitoring and trending at each lift station.
• Add continuous monitoring and trending of pump on/off status.
• Create a monthly report that includes daily totalized flow (where flow meters are installed)
and daily pump run times for each lift station.
• Add an alarm condition that is triggered when all pumps at a particular lift station are called
on.
Page I oF3
pr,
CITY OF
ASHLAND
Request for Proposal
On November 21, 2013 a Qualifications Based Selection Proposal for professional services for the
WWTP SCADA Upgrade was advertised statewide, in the Mail Tribune, and on the City's website.
Proposals were due on December 19, 2013 at which time five qualified consultant's submitted
proposals. An evaluation team consisting of the W WTP Supervisor and two other city employees
individually graded the proposals according to the given criteria:
Maximum Score
Responsiveness 15
Related Project Experience 25
Project Understanding and Approach 30
Project Team and Resources 30
MA, TOTAL 100 Points
Scoring was completed on January 23, 2014 and the scores were combined to determine the top
rankings. The final results were as follows:
G[ TOT>AL
CONSULTANT NK?"
SCORE yRA
Portland Engineering 279 1
RH2 Engineering Inc. 278 2
Industrial Systems 269 3
Harris Group 263 4
ArcSine 243 5
As allowed in a qualification selection process, an interview was conducted with Portland Engineering
and RH2 Engineering to engage the consultants with additional questions and gain a better
understanding of how each consultant would approach and conduct this project. After completion of
the interview process Portland Engineering ranked number one.
After scoring both rounds, staff started scope and fee negotiations with Portland Engineering per the
requirements of the selection process. The scope and fee negotiation consisted of an onsite
walkthrough and meeting with Portland Engineering in order to develop an overall consultant scope
that would meet the needs of the City. After multiple discussions between staff and Portland
Engineering, a final scope and fee was completed and approved by staff, reference attachment #1.
The consultant team that Portland Engineering has put together for this project includes:
1. Portland Engineering-preliminary and final design, programming and installation
2. Allen Bradley/ Rockwell Automation-manufactures the hardware and software of the
proposed PLC's
3. North Coast Electric-local distributor of Allen Bradley/Rockwell Automation Products
4. Electro Pac Inc.-control panel fabrication
Page 2 of 3
~r,
CITY OF
ASHLAND
5. CB Engineering-Distributes the existing Control Microsystems PLC's
FISCAL IMPLICATIONS:
The proposed fee by Portland Engineering for the appropriate scope of services is $298,600. This fee
includes $232,600 for improvements at the wastewater treatment plant and $66,000 for improvements
to the existing collection system pump stations. Currently there is $200,000 allocated for the FYI 4/15
biennium in the treatment plant fund and $115,000 in the collection system fund for the SCADA
improvements. Additional treatment plant funds to complete the project will be requested as part of the
2016 budget process.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends the Council approve a professional services contract with Portland Engineering for
design, programming and installation for the W WTP SCADA Upgrade Project.
SUGGESTED MOTION:
I move approval of a professional services contract with Portland Engineering in the amount of
$298,600 for design, programming and installation for the W WTP SCADA Upgrade Project.
ATTACHMENTS:
Qualifications Based Selection Proposal-Portland Engineering
Page 3 of 3
City of Ashland
Wastewater Treatment Plant Supervisory Control and
Data Acquisition System Upgrade RFQ
PWE #343.999
PM - David Gies
Proposal PP212
I~
CITY OF
ASHLAND
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PQTN®
is l0 ~?'.i r1 P_Qz.T i~J ~1'. tr1~c.
Contact Person:
Josh Downs
7675 High Banks Road #1
Central Point, OR 97502
Cell: (541) 282-4767 / Office: (541) 664-6200 / Fax: (541) 644-9064
jdowns@portlandengineers.com
General Contractors License #135739
Response Date:
2:00 PM, December 19'h, 2013
PP212 City of Ashland - Wastewater SCADA Improvements Project; PWE #343.999 0 1 PEI
2.2.1 - PROJECT UNDERSTANDING AND APPROACH
"Demonstrate a clear and concise understanding of the scope of work being requested in this RFQ and summarize the
approach and methodology proposed to meet the project requirements. Indicate any familiarity the consultant has
with the City's system. Provide a description of your management approach and quality assurance activities,
including a description of your process for coordinating work with the City and your approach for minimizing errors
and omissions during design and construction."
Project Understanding
Portland Engineering, Inc. (PEI) understands that the City of Ashland (City) operates and maintains a wastewater collection
system comprised of 110 miles of gravity sewer and eight (8) lift stations. In April, 2012 the City adopted a Comprehensive
Sanitary Sewer Master Plan (CSSMP) that included recommendations for improvements to the City's existing Supervisory
Control and Data Acquisition (SCADA) system. After exploring various options for SCADA instrumentation and programming
upgrades at the wastewater treatment plant (WWTP), the City has decided to replace the existing WWTP SCADA system with
a new, fully redundant SCADA system.
During the first quarter of 2013 at the request of the City of Ashland, PEI completed a Control System Assessment for the
Ashland Wastewater Treatment Plant. A short executive summary of the Assessment follows. The complete report
highlighting our design effort is available upon request.
This''assessmenttou[Iihes,the recommen`'de`dj'phased plan=io=pr det'the Cityxa modern ieliable con rol system. The plan
inCludes the following phases:,
Phase 1-Plant PLC Replacement
Phase 2 - Headworks PLC Replacement
Phase 3 -Centrifuge PLC Replacement
Phase 4 - Filter PLC Replacement
Phase 5 - UU PLC Replacement
Phase order can be adjusted to meet operational needs and operator identified priorities. The only restrain is
completing Phase 1 during the winter operating season with the filtration system offline. The assess a eonsid r d
upg odes to t e Collections Tele etry a d Controls Syste s for future hoses. P •I w I staff eae p s eco g o'
crib •a ne to i i iz dow -time... aro t doe if e ui ed. aeh p • a it a eee d
•o a to i a r xi g o ro t to de 'c e c e exis i
E i t i e Li •o o
e o
PEI has extensive history and familiarity with the City of Ashland. We have a strong understanding of the existing WWTP
SCADA system. We have provided Instrumentation and Control integration, trouble-shooting and design services for the City
of Ashland WWTP since 2004. Following is a list of completed and ongoing projects at the plant:
• '04 (E134) Hardware & Electrical Install Services
'05 (F112) Troubleshoot PLC Issues
Feb'07 (6169) Ashland Creek Level Monitoring
Mar'08 (H183) Telemetry Repairs & Upgrade
• Mar'08 (H184) OI Application Cleanup
• '07 (H209) WWTP Control & Instrumentation Services Contract
'08 (1105) WWTP Control & Instrumentation Services Contract
PP212 City of Ashland- Wastewater SCADA Improvements Project; PWE #343.999 1 1 PEI
'12 (N289) WWTP Control & instrumentation Services Contract
Mar'13 (N321) WWTP Control System Assessment
May'13 (P142) WWTP Wonderware Modernization
'13 (P182) WWTP Control & Instrumentation Services Contract
• Ongoing (P299) WWTP Redundant WIN-911
Ongoing (P319) W WTP ATS PLC Replacement
• Ongoing (P322) Collections Control & Instrumentation Services Contract
Contractors and personnel at the WWTP have done a good job maintaining the aging instrumentation & control systems, but
the hardware is far past its prime. Modifications and additions to the system have been haphazardly implemented on the fly
to reduce operations impact. They have not been fully documented. A large complicated control system failure is imminent.
Much of the hardware at the plant was not designed to handle large amounts of data transfer let alone, large amounts of
high-speed Ethernet/IP communication. Communication failures at the plant are a fairly regular and costly occurrence. The
proposed hardware is designed to handle large amounts of high-speed Ethernet/IP communications traffic.
Project Approach
Portland Engineering, Inc.'s (PEI) general project approach customizes integration solutions to your needs through hands-on
development. We perform our engineering services with professionalism, integrity, and ethics as top priorities. We provide
an essential combination of skills for any successful controls related project, including:
• A team based project approach that identifies and understands project needs, assesses and minimizes risk,
manages and reduces cost, and provides a reliable and superior product;
• Commitment to the highest standards in system design and implementation, providing system standardization
that improves operations and increases efficiency with a proven history of completing design/build projects on
time and on budget;
• A project manager and support staff with decades of experience, dedicated to maintaining a local onsite
presence, meeting all project objectives and efficiently meeting all project needs;
• A detailed and complete project analysis including assessment of existing systems, failure analysis, and a
thorough investigation and understanding of all functional system requirements;
• Comprehensive project support with full spectrum engineering capabilities that will fully integrate all system
components;
• Close involvement with owners and operators, early and throughout any project, to address all operational
needs in a practical and effective manner and;
• Flexibility in service delivery with a proven ability to provide value though cost savings containment.
The RFQ established 4-Phases of work to include 1) Pre-Design Evaluation & Scoping, 2) Design, 3) Programming and 4)
Installation. These phases will be combined with our previously completed Control System Assessment work to create the
SCADA System Upgrade Memorandum.
Pre-Design Evaluation & Scoping
Much of this work has already been completed as part of the above-mentioned Control System Assessment. PEI will however
take advantage of this phase to conduct the pre-execution control strategy conference. This conference will focus on the
operator's historical knowledge of and desire to change existing control strategies before implementation.
Design
Again, most of this phase has been completed, but PEI will use this phase to confirm the previous design by comfirming 1/0
and space allocations. This phase will also include hardware procurement.
Programming
This phase will focus on efficiently transferring and modifying (as needed) the old PLC code from Telepace to RSLogix
software. The Wonderware InTouch DAServers will be modified to communicate with the new PLCs and all code will be
extensively tested within the office.
PP212 City of Ashland- Wastewater SCADA Improvements Project; PWE #343.999 2 1 PEI
Installation
PEI has a good working relationship with the City of Ashland electricians and looks forward to being onsite and providing
installation direction during this phase. PEI will be available around-the-clock to minimize operational impacts to the plant.
PEI also has a good plan to provide pre-phase wiring interface models minimizing down-time. This phase will include factory,
functional and operation testing as well as operator training and documentation.
Following is a preliminary schedule describing our intent to complete the upgrade within the 24 month period.
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Throughout the project PEI is committed to providing a rigorous Quality Assurance and Quality Control program. We will
work with the City and management personnel on the best process for minimizing errors and omissions during the design and
construction phase. As a standard PEI follows the Controls System Integratrors Association best practice recommendations
to complete the following tests in sequence:
• Factory Acceptance Test- Hardware and programming will be "bench" tested and documented.
• Functional Acceptance Test - All installation and I/O will be field-confirmed.
• Operational Acceptance Test - AII programming will be tested under actual field conditions.
PEI is differentiated from our competitors by our commitment to understanding the underlying processes that allow us to
analyze systems for risks and sources of failures and potential value added enhancement opportunities. We provide a high
level of detail in all of our work to translate our knowledge into systems for our clients that are current with emerging
technology. We extensively test our solutions before we install them to ensure that our systems perform as intended and are
fully functional before they are commissioned. Our experience allows us to develop control systems that are reliable,
understandable and maintainable; are grounded in an understanding of the City's operational structure; and that will provide
continued, long-term value to all of your process and controls related projects.
PP212 City of Ashland - Wastewater SCADA Improvements Project; PWE #343.999 31 PEI
2.2.2 - PROJECT TEAM AND RESOURCES
"Describe the experience and qualifications of proposed project manager (including sub-consultant staff). Provide
information regarding key staff members (including sub-consultant staff) who are anticipated to perform services.
Describe team members roles, specialized expertise and relevant project experience of key staff. Indicate availability
and commitment of key personnel for this project. Also, include a brief description of the proposers project resources
(including new and innovative equipment software, etc.) to be used on this project. (Any changes in the staff
assigned to the project will require City approval).
PEI will manage and provide staff for this project from its Central Point office.
Josh Downs - Key Contact & Team Leader
Project Manager, Primary Point of Contact, Systems Design, Scope Development Troubleshooting, Programming, On-Call
Support, Troubleshooting
Josh Downs is a controls specialist and mechanical engineer with more than eight years of experience in control system
engineering, he holds a Bachelor of Science Degree in Mechanical Engineering and is a commissioned officer in the Oregon Air
National Guard. Josh has extensive experience in project management of municipal and industrial control systems. He is
regularly responsible for start-up and commissioning, programming and testing PLC and HMI software, reviewing and
developing P&ID, developing instrumentation, and coordinating design projects. Josh's diversity of experience and
knowledge brings added value to any controls project.
Josh has extensive experience will all the hardware and software of the existing systems at the City's W WTP as well as those
planned for the upgrade project.
Patrick Shough
Available for On-Call Support, Troubleshooting and after-hours support as needed
Pat is an Electrical Engineering Technician with extensive experience in Electrical Instrumentation, PLC based Control Systems
and SCADA development.
Pat is involved in many different capacities depending on the project. His project responsibilities include operator interface
engineering; equipment specification; instrumentation specification; control panel design; PLC controls configuration and
system design; field engineering;wiring diagrams; project specification and scope development; field service engineering and
equipment troubleshooting; testing and start-up. Pat has knowledge of 1/0 configurations; developing wiring diagrams;
maintaining 1/0 database; coordinating instrument ordering; installation and wiring details and instrument configuration; and
control panel design.
Jeff Bruce
PEI President- Partner Level Oversight, System Design, Development, & Programming
A Professional Engineer registered in the States of Oregon, Washington and California. Jeff has a strong background in
project management, product development, food processing, chemical treatment, gas purification, and power generation.
As the President of PEI, Jeff has fulfilled many roles including project management and lead engineering, with specialties in
electrical control systems design and specification, technical engineering, field service and process controls engineering,
SCADA equipment design standards, control and configuration, and start-up and commissioning.
Jeff has extensive experience with plant-wide simulation, start-up, and testing; data acquisition systems; operator interfacing;
remote access options; autodialer configuration; PLC and network assessment; project management; controls system design,
instrumentation and system integration. Jeff has experience with numerous PLC and HMI systems, integration of devices
using communication protocols; has developed complex control functions for critical system; and designed telemetry systems
for remote data acquisition and control over leased lines; dial-up POTS lines, hardwired networks (Cats, blue hose, etc.) fiber-
optic cables, cellular networks and radio (licensed and license-free) networks. Jeff excels at field service and troubleshooting
and regularly works with Allen-Bradley, Rockwell Automation including RSView, and Wonderware as well as a wide variety of
other systems.
PP212 City of Ashland - Wastewater SCADA Improvements Project; PWE #343.999 4 1 PEI
Besides the great personnel PEI employs in its Central Point and Portland office they also have an extensive professional
network of manufactures/distributors support to include hardware and software support contracts that cover all facets of
current and future needs at the W WTP to include:
• Allen Bradley / Rockwell Automation - Manufactures the hardware and software of the proposed replacement
PLC's as well as the vendor PLC's currently controlling the plants Filter and Centrifuge systems.
• North Coast Electric - Local distributor of Allen Bradley / Rockwell Automation products as discussed above.
• Wonderware - Manufactures the SCADA software currently in use at the WWTP.
• CB Engineering- Distributes the hardware and software of the existing Control Microsystems PLC's at the
W WTP as well as the WIN-911 alarm annunciation software currently in use at the WWTP.
All control panel fabrication will be completed at our preferred UL508 panel-shop, Electra Pac, Inc. PEI has sole-sourced all
UL508 work to Electra Pac for almost 20 years.
PEI also has a good professional relationship with Brian Paul formerly of Quality System Integration. Brian has provided
extensive network support at the W WTP and will be included in the control system improvements when appropriate.
2.2.3 - RELATED PROJECT EXPERIENCE
"Include descriptions of similar projects. Include schedule and cost information, change orders, project outcomes
and customer feedback received (if any). Include reference (name, title, phone, email)."
Portland Engineering Inc. (PEI) has provided a broad range of services as both primary and sub contractor to a number of
municipal facilities in the Southern Oregon region and greater Portland metropolitan area. To ascertain the limited space
available in this RFQ response we will focus on projects of similar scope executed out of the Southern Oregon Office.
Ashland WWTP Control System Assessment ($4,800, on-time, no change orders)
PEI was recommended to and sought-out by the City of Ashland's Wastewater Treatment Plant management to repair and
analyze their aging SCADA hardware and software. PEI provided emergency response to get their system functioning and
provided a thorough phased improvement plan. The existing hardware at the plant consists of an Ethernet and Modbus
Control Systems network to include SCADAPacks, SCADAPack 32's and SCADAPack 100's as well as Allen Bradley SLC 5/05's
and ControlLogix platforms. The HMI software was Wonderware InTouch version 9.1. The phased improvement plan
included replacing the Control Microsystems PLC's and upgrading the HMI software. PEI was able to help the City save a large
amount of software costs by taking advantage of the Wonderware Modernization program. PEI continues to provide
extensive control system support to the City of Ashland with an anticipated Fall '13 start on the control systems improvement
plan.
PEI Contact-Josh Downs
Customer Contact- David Gies, Wastewater Systems Supervisor, (541) 552-2335 / giesd@ashland.or.us
Medford Regional Water Reclamation Facility Service ($10,000-$20,000/Year)
PEI has provided planned and emergency support for the MRWRF's extensive Instrumentation and Control Systems since
2009. The MRWRF has issued RFQ's similar to this and selected PEI as its system integrator of record.
PEI Contact-Josh Downs & Pat Shough
Customer Contact- Ed Sturtevant, Process Control Supervisor, (541) 774-2754 / ed.sturtevant@citvofinedford.orz
Lakeside WWTP Improvements ($263,961, on-time, $12,204 change orders)
PEI provided the equipment and intersite communication control systems for the Waste Water Treatment Plant and North
Site Improvements project. This project consisted of modifications to the existing treatment plant including alterations to the
treatment units for denitrification, temporary sludge storage and modifications to the chlorine contact basins; development
of the new North Site including a 280,000 gallon digester, a 250,000 gallon reclaimed water storage tank, and an equipment
building and monitoring of the existing airport irrigation system. PEI provided patch panels and media converters for the
PP212 City of Ashland - Wastewater SCADA Improvements Project; PWE #343.999 51 PEI
fiber optic communication between the three sites, ten control panels, ten Allen Bradley PowerFlex 700 variable frequency
drives (combined 435 Hp) communicating via Ethernet, four Allen Bradley PanelViews and four Allen Bradley SLC 5/05 PLCs
with 110 points of 1/0. All aspects of the control system were completed by PEI to include procurement, panel and control
design, instrument configuration, PLC programming, startup and training.
PEI Contact - Jeff Bruce &Josh Downs
Customer Contact - Ardith Lewis, Chief Plant Operator- (541) 759-2909 / a.lewis(@citvoflakeside.or¢
Shady Cove WWTP Improvements ($68,989, on-time, $1,122 change orders)
PEI provided all Instrumentation and Controls for the Retrofit and upgrade of the existing WWTP to 2.0 MGD capacity. A
single Allen Bradley SLC 5/05 PLC was provided. The SCADA system installed was a Wonderware graphical interface
application with multiple topics for monitoring vendor furnished PLCs. Key components of the project included interfacing a
new influent pump station, new cylindrical fine screen, conversion of aeration basins and digesters to fine bubble diffusers,
new 50' diameter second clarifier, new RAS/WAS pump station, new tertiary filter basin and package filter equipment, new
dechlorination pump station and injection system, new plant water system, new potable water system, retrofit of existing
office/laboratory building and all appurtenant improvements. The package filter was provided with a vendor furnished PLC
which PEI interfaced status of key events into the Wonderware Application.
PEI Contact-Jeff Bruce &Josh Downs
Customer Contact - Kevin James, Wastewater Superintendent, (541) 878-3322 / williamkeviniames@gmail.com
Ashland Pump Stations Telemetry ($22,124, on-time, no change orders)
PEI provided hardware, installation and system integration for the UHF licensed radio telemetry system for 6 existing
pumping sites and one master at the WWTP. The project required incorporating the new master radio into the existing
WWTP PLC controls and providing new displays for the Wonderware SCADA application. The Existing Wonderware network
was modified to include the data collected for each site. The existing SCADAlarm was modified to provide for discrete
autodialing on alarms for either high level or loss of radio communication to any of the remote sites if the alarms were not
acknowledged by an operator through Wonderware. PEI provided a field radio survey for each site and provided all licensing
documents for FCC licensing. All communications were shop tested prior to installation.
PEI Contact-Jeff Bruce
Customer Contact - David Gies, Wastewater Systems Supervisor, (541) 552-2335 / giesd@ashland.or.us
Cave Junction Pump Stations Telemetry ($29,535 on-time, no change orders)
PEI provided hardware, installation and system integration for the UHF licensed radio telemetry system for 2 pumping sites
and one master at the WWTP. The project required a new MTU PLC at the WWTP and new displays for the Wonderware
SCADA application. The Existing Wonderware network was modified to include the data collected for each site. The existing
ANTX autodialer was modified to provide annunciation of alarms for either high level or loss of radio communication to either
of the remote sites if the alarms were not acknowledged by an operator through Wonderware. PEI provided licensing
documents for FCC licensing.
PEI Contact -Jeff Bruce
Customer Contact- Mike Bollweg, Lead Operator, (541) 592-4590 / citvofciwwto@cavenet.com
PP212 City of Ashland - Wastewater SCADA Improvements Project; PWE #343.999 6 1 PEI
A few of our many customer testimonies as they apply to this Ri
"I have worked with Portland Engineering, Inc. on numerous projects utilizing Control Microsystems PLCs. These projects
have been both grassroots constructions and retrofit projects at existing facilities. In all cases, Portland Engineering, Inc.
has performed admirably and professionally in achieving project objectives and serving the owner's best interest. I am
familiar with some of these projects and recognize that they have been technically challenging in communicating with.
various controllers and protocols. Portland Engineering, Inc. worked diligently with the technical support group at Control
Microsystems as--well as other manufacturers to resolve the communication'. Several of these~rlifficul[,hgntlshaking
P 1 P f.. P 9 Y Y
r e [s u[llizeilrYhe~ owes ulSCADA'ca abiliti sto ihte rate Control Mic'ro`s "st m`s P iCsdtreetl wit All n B adle. a tl
od'co PLCs. Po land ngi Bring, In .has utiliz d Gontro Microsystem wit oth Eh visual dis la op a
in a• o 'ded Go trol i ro ystem a w 11 a G i G used op rota n r T v- o al"G ti o •"rovo
"We use Portland Engineering, Inc. located just down the street from our WWTP. I started working with them when I was
employed with the City of Ashland. I would strongly recommend them for your SCADA work. There local guys are very
good and work in a professional manner. The main office is located in Portland but we are fortunate. enough to hgve~og _
.
'°loco/ b~tinch li'ere imMed ord `n problemsit local guys migift )iav ~s netw edittrough`fh'e Ion d ra ch which
's ov esio o a. e Br it G200 i w
'This letter will serve as a recommendation for Portland Engineering, Inc. (PEI) for their professional services as a
Wonderware Control Systems Integrator. I have worked alongside PEI for many years now, and attest to the highest level
of competency and integrity they possess throughout all of their projects. They work hard for their customers, always,n
sa
'their'i interests, and always providing top, quality >service and th best,producG,fortheir elientsneeds. PEI has done
60
NINON outs[a din wok ' valuing very di icu/ technical iss es, integrating our produc•LS cr ativ 1 i to unu u I d I
f c •o
'Joshua Downs has played an integral part here at the City of Ashland's Waste Water Treatment Facility's SCADA
improvement and development. Mr. Downs first responded to an emergency situation for us last year, and was able to
remedy the situation in short order. For the past several months Josh has been indispensable. He has been a pleasure to
work with, bringing his attention to detail to every project. His communication and people skills are excellent ond`he has,
`some very innovdti"ve3ideas>,-1 can;highlyrecommenBIGIr. Downsfor [h bpporflii[y thdt`ydu'h vo a avo fable. H 's well
sit d o - h 1 eng i prow .Jos a al nt d young a and ve o 's a hi a es
io L• i I- e do o~ 1 / o a y tl' •io a i aa
A
"I wanted to let you how much Josh is appreciated here at the Medford Water Reclamation Facility. His work is high
quality and professional. He trouble shoots issues intelligently and efficiently and has shown a knack for anticipating. what
,,is needed,above=and beyond.; Often animprovement to ouroperation will be'discoveredand implemented becaus"a f his"
ab'1'ti also i to acts w 11 with oursta which i invaluable i xchangi g 'nfor aria and
d R a•i
PP212 City of Ashland -Wastewater SCADA Improvements Project; PWE #343.999 71 PEI
- - -
A few of our many professional references:
Medford Regional Water Reclamation Facility Wonderware PacWest
Ed Sturtevant - Process Control Supervisor Kevin Flieger -Account Executive
(541) 774-2754 (541) 250-1706
Big Rock Community Service District Keith Consolidated, Inc.
Mike Wiley Bill Keith-Owner
(707) 218-8250 (541) 830-8678
Cave Junction W WTP City of Ashland, W WTP
Mike Bollweg- Lead Operator Greg Whittenburg - Lead Operator WWTP
(541) 287-0041 (541) 488-5348
Ferndale WWTP PacifiCorp Energy -North
Umpqua Hydro
Steve Coppini - Chief Wastewater Plant Operator Jeffery Brown - Senior Operator
(707) 786-9694 (541) 498-2606
Rogue Valley Sewer Services Slayden Construction, Inc.
Wade Denny, PE - District Engineer Jeff Wall - Project Manager
(541) 664-6300 (503) 769-1969
North Coast Electric City of Rogue River
Steven Kyser- MCC Specialist Tom Ferrell - WTP Operator
(541) 343-7701 (541) 660-2007
2.2.4 - RESPONSIVENESS
"This criterion relates to how quickly the consultant can respond to City's requests/inquiries. The Proposer must
demonstrate how time will be managed, describe Proposer's office locations and how they can cost-effectively
complete this project. Include a description of how the Consultant will provide services from a remote location (if
applicable). Describe how proposer intends to ensure responsiveness during design, construction and subsequent
ongoing support services."
For this project PEI is committed to providing a comprehensive, onsite presence with the most up-to-date training services,
rapid maintenance services, and emergency response support. We are able to provide immediate emergency support and
response if necessary. We are committed to completing projects in a timely manner with an emphasis on efficiency and
value. PEI has two main offices, located in Portland, Oregon and Central Point, Oregon. Our nearest office is approximately
20 miles away from the City and we are able to provide an emergency onsite response within one hour.
Should PEI be selected to partner with the City of Ashland on this project there will be no need for remote support outside of
troubleshooting on the telephone. PEI has historically been available and responded to the Ashland WWTP after-hours, on
weekends and holidays. Our customers are pleasantly surprised by our depth, availability and responsiveness.
ADDENDA
PEI acknowledges the receipt of the following addenda: No Addenda Found.
PP212 City of Ashland -Wastewater SCADA Improvements Project; PWE #343.999 8 1 PEI
CITY OF
ASHLAND
Council Communication
March 4, 2014, Business Meeting
Approval of Medford Water Commission Talent, Ashland and Phoenix
System Development Charge Payment and Water Delivery Agreements
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us
SUMMARY
This is a request for Council direction on whether to pursue 2.13 mgd (million gallons per day) or 3
mgd water supply from Medford Water Commission (MWC). Given current drought weather
conditions, the City needs to act as quickly as possible to ensure the water delivery contract and SDC
payment agreements with MWC are promptly completed in order to construct the Talent, Ashland and
Phoenix (TAP) pipeline for use this summer. Staff recommends Council choose the 3 mgd option to
ensure adequate water supply during emergency conditions. If Council grants the City Administrator
authority to complete negotiations and sign the MWC water delivery contract and SDC payment
agreement, staff should be able to complete negotiations with MWC and proceed with engineering and
construction of the project.
BACKGROUND AND POLICY IMPLICATIONS:
At the October 14, 2013 Council study session, Council directed staff to explore MWC SDC payment
options for both 1.5 mgd and 3 mgd for construction of the TAP line in 2015 and bring the information
back to Council for consideration. Since that time, staff recommended constructing the TAP line in
2014 as an emergency project due to the current low snow pack and winter drought conditions.
To that end, Council authorized staff to move forward with an emergency procurement process for the
engineering services necessary for construction of the TAP intertie project and approved granting
contracting authority to the City Administrator in an amount greater than $100,000 for engineering
work for the project at their February 18, 2014, Council meeting. However, before beginning
construction and actually hooking up the TAP line, the City of Ashland must sign a water delivery
contract with MWC and agree to pay SDC's for either 1.5 mgd or 3 mgd of water.
Medford Water Commission's new water delivery contract is complex as it is written for use with all
of the commission's city wholesale accounts other than Medford's. With the exception of a couple of
outstanding contract issues believed to be readily resolvable, the contract is ready to sign. In order to
make sure we complete the process prior to April 1, 2014 (the date MWC SDC's increase by 7.5%)
staff is recommending that the Council authorize the City Administrator to sign the contract and MWC
SDC payment agreement once the final issues have been resolved. It is important to note that the
Medford Water Commission makes its final decisions on the proposed water delivery contract at the
March 19, 2014 board meeting.
Page] U4
11FAWa,
CITY OF
ASHLAND
Because Ashland's current financial plan did not include costs for MWC SDC on the TAP project, Ray
Bartlett, Economic & Economic Analysis was hired to update the financial plans in order to determine
if the City could afford to pay SDCs for 3 mgd. Please note that staff had Mr. Bartlett evaluate the
SEC for 2.13 mgd rather than 1.5 mgd because the 2.13 represents the amount of water the City could
receive on a daily average amount over 5 months based on the 1,000 acre feet of Lost Creek water
rights. The cost of each of the two options is as follows:
MWC SDC Option a: Purchase equivalent MWC SDC for 2.13 mgd, consistent with the
City's existing 1,000 acre feet of Lost Creek Lake water ri hts.
Option A MGD SDC 15' Payment
Current SDC 2.13 $2,620,329.25 $370,000
SDC increases scheduled on April 1, 2014 2.13 2,817,049.25 $370,000
MWC SDC Option B: Purchase equivalent MWC SDC for 3 mgd based on MWC actual
water allocation for Ashland.
Option B MGD SDC 151 Payment
Current SDC 3 $3,690,700 $370,000
SDC increases scheduled on April 1, 2014 3 $3,967,700 $370,000
Mr. Bartlett's financial review indicates that the City can afford to purchase the SDC for 3 mgd as long
as the City continues to raise water rates as recommended in the 2012 Comprehensive Water Master
Plan, which are:
2013 Water Master Plan
Recommended Rate Increases
Fiscal Year
(effective July % Increase
l) (per year)
FY 2014 10.07%
FY 2015 10.06%
FY 2016 10.06%
FY 2017 7.90%
FY 2018 3.75%
Two significant developments have occurred since the Master Plan was adopted and the first rate
recommendations went into effect: 1) revenues have increased more than forecast in the Master Plan;
and 2) the City is likely to obtain financing as low as 1 % interest through the State of Oregon for
approximately $16 million of capital improvements. A 1% interest rate would result in substantial
savings over the 5% rate of interest in the Master Plan. Also, by purchasing 3 mgd of capacity the City
will save approximately $1.3 million by making it possible to downsize the planned improvements to
the Crowson II water reservoir. These changes are in part off-set by the $175,000 additional cost to
fund the ARF. Based on these changes Mr. Bartlett's analysis shows that the City can afford to pay
MWC's SDC for up to 3 mgd of capacity. The forecast is based on making the initial down payment
of approximately $370,000, a second substantial payment in FY 2016 of up to 50% of the balance, and
financing the remaining 50% over the next 18 years. These additional costs above the forecast in the
Master Plan do reduce the water fund's cash reserves and future debt levels, but to acceptable levels.
Page 2 of 4
~I,
CITY OF
ASHLAND
Based on Mr. Bartlett's financial analysis and the potential for a water supply shortage this year, staff
is recommending that the Council pre-purchase SDC at 3 mgd.
The benefits of paying MWC's SDC are that water use would not be limited to emergencies, and as
such, our community would potentially be able to avoid curtailments during droughts and other
emergencies. Curtailments would substantially reduce our rate revenues. Also, this purchase allows
our community to "prove-up" our Lost Creek water rights and reserve a reliable future supply to meet
our 2038 water supply challenges.
Background Information
Ashland's 1998 Water Master Plan projected that daily peak water demand would exceed the treatment
plant's capacity by 2016. At that time, the preferred solution was hooking into the City of Medford's
drinking water supply through an interagency agreement called TAP. To that end, the City entered into
a TAP agreement, invested $2.6 million to upsize the pipe from Medford to Talent and purchased Lost
Creek water rights.
Following the City Council's decision in 2008 to delay the TAP project, the City began the process of
evaluating different options to solve the peak demand issues. The new water master plan, adopted in
2012, recommends constructing a new 2.5 mgd water treatment plant to address projected peak
demand shortfalls. The plan also identified the need for a redundant water source during droughts,
toxic algae blooms, earthquakes, fire in the watershed, and other water quality issues that could restrict
our limited water supply. The TAP project was included in the master plan for such emergencies.
Other supply concepts included increased water conservation by a minimum of 5% with a goal on
achieving 15%, piping the Talent Irrigation District (TID) canal and evaluating local underground
water supply options (wells).
FISCAL IMPLICATIONS:
The financial impacts for each option are as follows:
Option Fiscal Impact Comments
Purchase 2.13 By the end of FY 2016 cash reserves are Meets long term water supply
mgd MWC SDC projected to be approximately $4.78 needs, sets SDC costs at current
paid over 20 million vs. $5.8 million without the MWC rates, and allows staff to reduce the
agreement; rate increases will continue as size of Crowson II reservoir project
planned in the 2012 Water Master Plan. by .05 mg and the costs by $1.3
million.
Purchase 3 mgd By the end of FY 2016, cash reserves are Meets long term water supply
MWC SDC paid projected to be approximately $3.56 needs, sets SDC costs at current
over 20. million; rate increases will continue as rates, and allows staff to reduce the
planned in the 2012 Water Master Plan. size of Crowson II reservoir project
by .05 mg and the costs by $1.3
million.
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends that the Council authorize the City Administrator to complete negotiations and sign
the MWC Water Delivery Contract and SDC payment agreement for 3 mgd.
Page 3 of 4
~r,
CITY OF
ASHLAND
SUGGESTED MOTION:
I move approval of granting authority to authorize the City Administrator to complete negotiations and
sign the MWC Water Delivery Contract and SDC payment agreement for 3 mgd of water.
ATTACHMENTS:
1. 2006 Mutual Aid IGA between Ashland and Talent
2. MWC SDC Rate Increase
3. Draft MWC Water Delivery Agreement
4. Draft MWC SDC payment agreement
5. Economic & Financial Analysis Water Fund Forecast
6. The 2012 Water Master Plan may be viewed online at:
http://www.ashland.or.us/Pave.asp?Nav1D=15317
Page 4 of 4
~r,
• ~ i
City of Talent
204 East Main Street; Post Office Box 445, Talent, Oregon 97540
Telephone: (541) 535-1566 Fax. (541) 535-7423 E-mail: talent@cityoftalent.org
April 20, 2006 Gino Grimaldi City Administrator
n8y
City of Ashland 20 East Main Street
Ashland, Oregon 97520 j
RE: IGA Emergency Water Services
Dear Gino:
Enclosed is the signed Intergovernmental Agreement for the Provision of
Emergency Water Services between the City of Ashland and the City of Talent.
The City Council approved this agreement at their meeting of April 19, 2006 and I
have dated the agreement as of that date.
The Creel Road project has been placed out to bid and the water line to be paid
for by the City of Ashland has been included in that bid.
Please feel free to contact me if you need any additional information.
Sincerely,
Betty Wheeler
City Manager
Enclosure (1)
CC: Joe Strahl, Director of Public Works
I
i
"Equal opportunity Provider"
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION
OF EMERGENCY WATER SERVICES
Intergovernmental agreement ("Agreement") made on 2oo6 between
the CITY OF ASHLAND ("Ashland") and the CITY OFT LENT ("Talent").
RECITALS:
A. Ashland and Talent, together with the City of Phoenix, have entered into an
agreement to build, [dj a water distribution system to convey, water from the Medford
Water Commission to each of the respective cities. This water conveyance system will
hereinafter be referred to as the TAP (Talent, Ashland, Phoenix) line.
B. The TAP line has been.completed so as to provide water from the Medford
Water Commission to Talent.
C. The TAP line has not yet been completed to provide Medford Water
Commission water to the City of Ashland.
D. Until such time as the TAP system is fully completed, the parties desire for
Ashland to construct facilities to connect to the TAP system in Talent which will provide
for emergency water service for both parties as more specifically set forth in this
Agreement.
CITY OF ASHLAND AND CITY OF TALENT AGREE:
1. Services by Ashland: Ashland shall provide the following at Ashland's sole cost,
liability and expense:
1.1. Completion of the 16" line in Creel Road at the same time that the
reconstruction of Creel Road is performed this spring and summer.
1.2. Right-of-way acquisition and/or agreement with ODOT for the use of
highway right-of-way along Highway 99.
1.3. The construction of a 18" waterline between Creel Road in Talent and the
north city limits of Ashland, including installation of shut off valves at each end and the
installation of a water meter that will measure flow either way.
1.4. The construction of a pumping station near the north city limits of Ashland.
1.5. The construction of emergency pumping facilities as needed to distribute
the [inter-tie] TAP water line to all customers within the city.
1.6 All other equipment, materials, labor, supplies, agreements, approvals, and
other expenses or arrangements that go into making the project complete and
compliant with this Agreement (except as expressly designated in this Agreement as
PAGE 1-INTERGOVERNMENTAL AGREEMENT (p:agree\RVTp.wpd)
the responsibility of Talent),
2. Operation upon completion of construction.
2.1. The parties will normally maintain the newly constructed waterline full, with
both the valves between the two systems closed.
2.2. The Public Works Directors of each City shall have the authority to activate
the TAP [inter-tie] line. Twenty-four hours advance notice of the activation will normally
be required except during emergency. If some level of curtailment is required, the
Public Works Directors of each respective city shall notify its city administrator or city
manager, mayor and city council. The notification shall include the nature of the
emergency, expected duration and impacts. Each City shall be responsible to initiate
its own curtailment policy as needed to supply the emergency water needs of the other.
2.3. The timing, volume and rate of water available to the TAP line [inter-tie)
shall be determined by the supplying City. However, each City, to the extent feasible,
shall take reasonable steps to supply the other with sufficient water to meet the basic
minimal needs of the other (i.e. fire flows, health and safety).
2.4. The receiving City will pay the delivering city for the cost of water received
at the standard TAP charge then in effect as established by the Medford Water
Commission.
2.5. Water stored in the system should be changed at least twice per year to
maintain good water quality. It shall be Ashland's responsibility to open the valves and
operate the pumps as necessary to change the stored water. Ashland shall also be
responsible for disposal of water drained from the system. The Cities shall alternately
be responsible for re-filling the pipeline from their respective systems. This exchange of
water shall only occur during periods of low water use when water storage is at
maximum. Neither City shall charge the other for water not delivered to customers as a
result of exchanging stale water for fresh water.
2.6. Other than the exchange of stale water for fresh water, the system shall
only be activated during a true emergency. The requesting city shall use its discretion
in determining what constitutes a true emergency.
3. Worker's Compensation: Each party shall cover its own employees with Worker's
compensation insurance.
4. Indemnification: To the extent allowed by the Oregon Constitution, and within the
limits of the Oregon Tort Claims Act, Ashland and Talent shall defend, indemnify, and
hold the other party, its officers, agents, and employees harmless for, [from] and
against any and all claims, actions, costs, judgments, damages, and other expenses
resulting from injury to any person (including injury resulting in death) or damage to
property (including loss or destruction), of whatsoever nature, arising out of or incident
to the performance of this agreement. Neither party shall not be held responsible for
PAGE 2-INTERGOVERNMENTAL AGREEMENT Ip:agree\RVTD.wptl)
any claims, actions, costs, judgments or other damages, directly and proximately
caused by the negligence or willful act of the other party to this agreement.
5. Amendments And Termination
5.1. This document constitutes the entire agreement between the PARTIES and no
other agreement exists between them, either stated or implied. Any
amendments or changes to the provisions of this agreement shall be reduced to
writing and signed by all parties.
5.2. This agreement may be modified or cancelled only if the parties are in
agreement of such modification or cancellation.
5.3. This agreement shall be terminated upon completion of the necessary work for
Ashland to make full use of the TAP waterline for daily supply of water.
5.4. This agreement may be terminated by either party for default of the other party if
written notice of default has been delivered by the terminating party to the
defaulting party, setting forth the nature of default and the defaulting party fails
to take appropriate steps within a reasonable time to cure the default.
6. Access To Records: The parties and their duly authorized representatives shall have
access to all documents, papers, and records directly pertinent to the specific contract for
the purpose of making audit, examination, excerpts and transcript.
7. Compliance With Applicable Laws: The parties shall comply with all federal, state, and
local laws and ordinances applicable to any contracted work.
8. Future Intent: It may be possible for the parties to operate their respective systems
more efficiently by working with each other to develop similar operational agreements for
storage and/or pumping. Any opportunities to achieve more efficiency will be reviewed at
operational and administrative levels with both parties before any ideas are discussed with
policymakers. The first goal for both parties should be to assure that this emergency
agreement works well for all concerned..
CITY OF TALENT// CITY OF ASHLAND
By By
Its
REVI OR
By
-
~ Cli - A 3D orney
Dae:
PAGE 3-INTERGOVERNMENTAL AGREEMENT )p: agree\RVTp. wpd)
i
I
RESOLUTION NO. 1536
A RESOLUTION of the City of Medford, Oregon, By and Through its Board of Water
Commissioners, Using the Methodology and Other Provisions Relating to Imposition and Collection of
System Development Charges (SDCs), Repealing Resolution No. 1376, Which Updated SDCs Effective
January 1, 2010, and Adopting New SDCs for Water Treatment and Transmission Facilities Based on the
2013 SDC Technical Study and Annual Staff Review, Attached as Exhibit A, and Declaring the Effective
Date as April 1, 2014
WHEREAS, the Medford Water Commission (Commission), has collected SDCs for water
treatment and transmission facilities since July 1, 1994, pursuant to Resolution No. 773; and
i
WHEREAS, from time to time, the Commission reviews system requirements and capital projects
funded by SDCs; and
WHEREAS, in 2013, the Commission hired HDR Engineering, Inc., to perform a technical study
of the Commission's SDC methodology; and
WHEREAS, based on recommendations in the technical study, the Commission has revised
system requirements and capital projects in the SDC staff review that was last published October 21, I
2009; and
WHEREAS, the 2013 SDC staff review identifies 49 capital improvements which effectively raise
the capacity of treatment plant and transmission facilities; and
WHEREAS, Tom Gould of HDR Engineering, Inc., presented a study session on the technical
study to the Board of Water Commissioners (Board) at their regular meeting on March 6, 2013; and
Manager Larry Rains presented a study session on the staff review and proposed SDC increase on
September 18, 2013; and !
WHEREAS, a meeting was held with representatives from the cities and districts served by the
Commission, on May 22, 2013, to discuss SDCs; and
WHEREAS, at their September 18, 2013 meeting, the Board of Water Commissioners reviewed the
calculations, and Staffs recommendation to consider increasing the SDC for Water Treatment and
Transmission Facilities from $1,476.27 to $1,587.07 per equivalent residential unit (ERU); and
WHEREAS, a public hearing to consider modification of the SDC for Water Treatment and
Transmission Facilities was scheduled on Wednesday, December 18, 2013, and the 90-day notification
statutory requirements were followed; notice was published in the Mail Tribune and on the website, posted at
the offices of the Commission and Medford City Hall, and sent by certified mail to interested parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF WATER COMMISSIONERS OF j
THE CITY OF MEDFORD, OREGON, AS FOLLOWS:
That, beginning April 1, 2014, the SDC to be collected for water treatment and transmission
facilities will be in accordance with the amounts as set forth in the attached Exhibit A and by reference
made a part hereof, with 100 percent (100%) being a reimbursement and improvement fee. Payment
shall be due and payable as set forth in Resolution No. 774.
PASSED at a regular meeting of the Board of Water Commissioners of the City of Medford,
Oregon and signed by lme in authentication thereof this 18th day of December 2013.
ATTEST:
1
Karen Spoonts, De uty City Recorder Jason Anderson, Chair i
I
Resolution No. 1536
i
I
i
EXHIBIT A - Page 1 of 2
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EXHIBIT A - Page 2 of 2
A~~~¢ ~ ~t a~ ~ edford~lUater~C~omm'sslbn~ ~ ti~~ y 2~ , I
Mete W,e~ghtmg~Tables~for~Calculating SDCs~
: "SENSUSNIETERSIZE(');e' ;OPERATING RANGE(, M)'!,. WEIGHTING FACTOR .f SDC
5/8 x % 25 1 1,587.07
;3;49155~,.~.-
1% 150 6 9,522.4.2
200"`..~.:;.. , r . 12,696,56,
3 -T2 650 26 41,263.82
*NOTE: Operating Range is defined as maximum continuous flow through the meter under normal
circumstances.
MWC Meter Weighting Factors for SDCs December 18, 2013
WHOLESALE OTHER CITY CUSTOMER SURPLUS WATER SERVICE AGREEMENT
THIS WATER SERVICE AGREEMENT, (hereinafter referred to as Agreement), made and entered
in duplicate to officially start on the first day of October, 2013, by and between the City of
Ashland, a municipal corporation of the State of Oregon, acting as purchaser (hereinafter
referred to as WHOLESALE OTHER CITY CUSTOMER), and the City of Medford, a municipal
corporation of the State of Oregon, acting by and through its Board of Water Commissioners
(Board), acting as vendor (hereinafter referred to as MWC),
WITNESSETH:
WHEREAS, MWC is an entity regulated by the Home Rule Charter adopted by the citizens of the
City of Medford and under that Charter the Board of the MWC is comprised of five citizens of
the City of Medford appointed by the Mayor of Medford and confirmed by the City Council of
Medford to manage the Water Fund of the City of Medford for the purpose of supplying
inhabitants of the City of Medford with water; and
WHEREAS, the Board is authorized to sell only surplus water and/or surplus supply facilities
outside the legal boundaries of the City of Medford, only if said water and/or supply facilities
are surplus to the needs of the inhabitants of the City of Medford, and meets certain conditions
of MWC Resolution No. 1058; and
WHEREAS, the Board is required by the Charter to act in the best interests of the City of
Medford, and is under no such obligation to act in the best interests of any customer outside
the City of Medford, therefore, the relationship between MWC and WHOLESALE OTHER CITY
CUSTOMER is wholesale vendor and customer; and
WHEREAS, under the Charter, the Board is authorized to set rates for City of Medford
inhabitants, and to make all necessary rules and regulations for the sale, disposition and use of
water and water service of and from said City of Medford water system or systems, and the
Board has created such rules and regulations; and
WHEREAS, the Board finds it has, pursuant to the terms and conditions herein, surplus supply
facilities for treatment and transport of WHOLESALE OTHER CITY CUSTOMER water, and MWC
has wintertime (October through April) surplus water available in its system; and
WHEREAS, WHOLESALE OTHER CITY CUSTOMER desires to purchase surplus treated and
transported water from MWC during the wintertime (October through April) and purchase
surplus supply facilities treatment and transport services of water under customer's own
permits and/or certificates during the summertime (May through September);
Water Service Agreement - City of Ashland Page 1 of 13
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual promises
hereinafter expressed, and intending to be legally bound hereby, the parties hereto mutually
agree as follows:
ARTICLE 1. SCOPE OF SURPLUS WATER SUPPLY AND SERVICE
MWC agrees to supply surplus water up to a combined (from all connections) maximum of 2083
gallons per minute (GPM) for the months of October through April, and surplus supply facilities
treat and transport water up to a combined (from all connections) maximum of 1479 GPM for
the months of May through September (see Special Conditions under ARTICLE 3). WHOLESALE
OTHER CITY CUSTOMER agrees to provide sufficient water storage as part of its water system
which will assure that the maximum rate of withdrawal in gallons per minute (GPM) by
WHOLESALE OTHER CITY CUSTOMER is not exceeded.
in the ease ^f a ^`t f^. in demand 4996 ^ ^t^^t'^I I. Fge HseF 'two (2)
nn^df...d !'I.aoeF P ,iding f••II peweF ^d aHth9FityW d'St: L. t.. f iSh ^II and dispese ^f
wat^". and P .id's wat^' s e, to . •^t^F ..d digt: b to FsI bet~ ..blie ^d p .'t,.
I
eveFy IaFge useF A WHO Cf A C OTHER CITY- C STOMER's s can be ` .^d d g the
teFFA of this AgFeeRgent.
ARTICLE 2. WHOLESALE OTHER CITY CUSTOMER FACILIP( EMERGENCY
In the case of a WHOLESALE OTHER CITY CUSTOMER di`t'ibvrnrtoUtiOR sy5tm^ emergency, MWC
agrees, with prior MWC notification by the WHOLESALE OTHER CITY CUSTOMER, to increase
the surplus water supply within the limits of the MWC system if it is in the best interests of the
citizens of the City of Medford, for a limited duration. The MWC manager may act immediately
upon notice, but must notify and obtain Board concurrence within 48 hours of the emergency.
WHOLESALE OTHER CITY CUSTOMER also agrees to immediately take all necessary steps to
remedy the emergency.
For purposes of this agreement, "Emergency" means: Any human caused or natural event or
circumstances causing or threatening loss of life, injury to person or property, [or similar]
human suffering, and includes, but is not limited to, fire explosion, flood, severe weather,
Water Service Agreement - City of Ashland Page 2 of 13
drought, earthquake, spills or releases of oil or hazardous material, contamination, disease,
blight, infestation, civil disturbance or riot.
ARTICLE 3. MWC CONNECTIONS
The MWC owns and is responsible for the construction, extension, maintenance, and operation
of the MWC system up to the point of and including the master WHOLESALE OTHER CITY
CUSTOMER meter. The WHOLESALE OTHER CITY CUSTOMER shall pay all costs of connections
to the MWC system including initial metering, initial and ongoing backflow protection, and
annual testing of the backflow device, all in accordance with MWC standards.
The purchase of water service under this Agreement will not constitute purchase of ownership
rights to water or any portion of either party's water system owned and operated by the other
party, except as may be specified herein or may be established by separate agreement.
The WHOLESALE OTHER CITY CUSTOMER water supply is provided by the following master
meter(s) with backflow connections to MWC:
10" Magnetic Meter at the TAP (Talent, Ashland, Phoenix) Regional Pump Station on Samike
Drive, Medford, Oregon
Temporary emergency connections to MWC with prior approval can be provided at the
following location(s):
N/A
The WHOLESALE OTHER CITY CUSTOMER has special conditions concerning connections to
MWC as follows:
Full payment of SDCs for a volume of 3 Million Gallons per Day has been made by WHOLESALE
OTHER CITY CUSTOMER to MWC through a separate Agreement to Pay Systems Development
Charges. No further SDCs will be charged or collected for this volume of water.
Water Service Agreement - City of Ashland Page 3 of 13
WHOLESALE OTHER CITY CUSTOMER can use up to 3 MGD during the summertime season
provided that the current water rights held (see Article 6, Meeting Future Demands) of 1000
acre feet (which equate to 2.13 MGD for the 153 days of the summertime season) are not
exceeded overall. If an additional 410 acre feet of water right were to be purchased and
permitted with the State of Oregon Water Resources Department, afore mentioned restriction
would be removed.
MWC acknowledges the WHOLESALE OTHER CITY CUSTOMER's right to exchange and transfer
water between the cities of Talent, Oregon and Phoenix, Oregon within the total cumulative
contracted GPM of all three noted cities served through TAP and their individual wholesale
other city customer agreements with MWC.
ARTICLE 4. RULES AND REGULATIONS
All rules and regulations of the Board relating to surplus water users outside the City of
Medford (noted in Section 30 SURPLUS WATER and Section 31 PROVISIONS RELATING TO
UTILITY AND MUNICIPAL CUSTOMERS of the MWC Regulations Governing Water Service),
specifically WHOLESALE OTHER CITY CUSTOMERS, as now in effect or as the MWC may time to
time prescribe, shall be deemed a part of this Agreement, and WHOLESALE OTHER CITY
CUSTOMER agrees to comply with such rules and regulations. No such rules or regulations shall
relieve MWC of its obligation to supply surplus water in accordance with terms of this
Agreement except as may be dictated by Federal/State regulations or other items beyond the
control of MWC. Nothing contained in this Agreement shall be deemed to modify, alter, or
repeal any such regulations now or hereinafter adopted.
WHOLESALE OTHER CITY CUSTOMER acknowledges that it has received a copy of all rules and
regulations governing water service of MWC relating to surplus water users outside the City of
Medford. MWC shall promptly, upon passage, supply to WHOLESALE OTHER CITY CUSTOMER a
copy of any amendments or additions to said rules and regulations and will make available at
any time upon request.
Water Service Agreement - City of Ashland Page 4 of 13
ARTICLE 5. URBANIZATION POLICY
WHOLESALE OTHER CITY CUSTOMER agrees that water supplied to its customers is an "urban"
service and shall be confined to current or future WHOLESALE OTHER CITY CUSTOMER
residents, businesses, schools and those customers otherwise within WHOLESALE OTHER CITY
CUSTOMER city limits or urban growth boundaries, or as otherwise currently exists as approved
by MWC and the boundary guidelines as examples set forth in MWC Resolution No. 1058 or
future amendments thereto. The current general water service map covering city limits and
urban growth boundaries for the WHOLESALE OTHER CITY CUSTOMER is attached to this
Agreement. This map is intended to be modified as city limits and urban growth boundaries
change due to regional and local planning decisions. WHOLESALE OTHER CITY CUSTOMER
agrees to not allow the extension of water service, emergency or otherwise, outside of
WHOLESALE OTHER CITY CUSTOMER city limits unless the property requesting service is within
its urban growth boundary, has signed an irrevocable consent to annex to the WHOLESALE
OTHER CITY CUSTOMER, or as otherwise approved by the MWC. WHOLESALE OTHER CITY
CUSTOMER also agrees to notify MWC in writing of all noted extensions of water service
outside the city limits and all official annexations to the WHOLESALE OTHER CITY CUSTOMER
city limits.
ARTICLE 6. MEETING FUTURE WATER DEMANDS
Current WHOLESALE OTHER CITY CUSTOMER summertime water rights in either permitted or
certificated form with a diversion point on the Rogue River at the MWC Intake Facility site are
.,.bie feet peF S^F^^•' in Fate and one thousand (1000) acre feet in volume.
WHOLESALE OTHER CITY CUSTOMER has secured separate water rights for 1000 acre feet,
which is herein distinguished as separate from MWC water with which it is comingled in the
MWC water system or other systems for its delivery to WHOLESALE OTHER CITY CUSTOMER.
This separate WHOLESALE OTHER CITY CUSTOMER water shall be delivered to WHOLESALE
OTHER CITY CUSTOMER under the same terms and conditions as water, provided through
MWC-held water rights, is delivered to the customers of MWC.
WHOLESALE OTHER CITY CUSTOMER understands that this Agreement calls for supplying
wintertime surplus water and summertime surplus supply facilities treat and transport water
Water Service Agreement - City of Ashland Page 5 of 13
from MWC. `"W01 ECAI C OTHER. CITY PI KTf`""ED 1_1Rder'taAd' aAd agFep; that additiARal
&.........s of wateF may be FeqWiFed te meet the WHOLESALE QTHrR PITY GI IrT-QA4ED'S F..t..r..
i
neede d new by the HQ1 EfAI E OTHER PITY PI ST-OMER t.. -.....Id F..t...,. .t... shaFt. ges
WHOLESALE OTHER CITY CUSTOMER agrees to maintain a w eF Fe69••-'^ -'^-'^d "^,^.-'..I
the required WHOLESALE
OTHER CITY CUSTOMER summertime demand water rights
eenfinuance. MWC agrees to allow WHOLESALE OTHER CITY CUSTOMER to use the MWC
Intake Facility location, at the intersection of Table Rock Road and the Rogue River in White City
(Oregon), as the designated diversion point of obtained water right permits and certificates
obtained in the name of the WHOLESALE OTHER CITY CUSTOMER. WHOLESALE OTHER CITY
CUSTOMER agrees to obtain and maintain diversion points of any water right permits or
certificates in the WHOLESALE OTHER CITY CUSTOMER's name applied to the mentioned
summertime demand of the WHOLESALE OTHER CITY CUSTOMER at the MWC's Intake Facility
location. MWC agrees to participate and cooperate in the perfection of any water rights, with
diversion points at the MWC Intake Facility permitted in WHOLESALE OTHER CITY CUSTOMER's
name to meet these summertime demands. EE"' F ^T.HDD PITY ^'gT^""ED,'
...th°d' FRRA d P ,.tiers F". the f1_1 W1 -P a Fe the F sihility of the ` HQ1 ESM E
OTHER PITY CUSTOMER ....rd `'"9.1Id I;.. F •2d AR the FPRP...+1 dptP Af thig AgFee. ent an d
FRay FeqUiFe additienal wateF Fights as needed te Fneet these demands ef the WH06ESALE
OTHER PITY PI If TOMED
The surplus water used by MWC to supply WHOLESALE OTHER CITY CUSTOMER demands
comes from water right certificates and permits issued by the Oregon Water Resources
Department (OWRD). Those water right certificates and permits list some of the service area of
WHOLESALE OTHER CITY CUSTOMER in an exhibit to those water right certificates and permits.
The water right certificates and permits are in the name of the City of Medford and the MWC
only. WHOLESALE OTHER CITY CUSTOMER acknowledges that these water right certificates and
permits therefore belong to MWC. Nothing in this Agreement prevents the Board from
changing or re-designating the areas of service on its water right certificates and permits as
allowed by law.
MWC maintains water-measuring equipment at the Robert A. Duff Water Treatment Plant for
recording the amount of water withdrawn from the Rogue River covering all water rights, and
all data collected is of public record. MWC also monitors the WHOLESALE OTHER CITY
CUSTOMER master meter connections to record the amount of water used by the WHOLESALE
Water Service Agreement - City of Ashland Page 6 of 13
OTHER CITY CUSTOMER. MWC provides on a monthly bill the usage of water by WHOLESALE
OTHER CITY CUSTOMER pertaining to this Agreement.
ARTICLE 7. SYSTEM DEVELOPMENT CHARGES
Substantial customer growth over time requires expansion of the MWC transmission and
treatment facilities to meet the additional demand for water. The MWC evaluated revenue
generating alternatives for funding these noted facilities and established Water System
Development Charges (SDCs) and supporting methodology in 1994 to provide an equitable
method of financing future MWC transmission and treatment expansions. These charges were
developed in accordance with ORS 223.297 to 223.314. MWC has adopted a Resolution to
enact SDCs.
The SDCs, reviewed and/or updated yearly in accordance with adopting Resolution No. 774,
provides the mechanism for all new customers of any city to pay a fair amount for their
proportionate share of the cost of this expansion and thereby minimize the financial impact to
existing users. This method of financing applies evenly and at the same amount to all new
customers receiving water service whether they are direct MWC customers or are served by
one of the Wholesale Other City Customers who receive water from MWC. The MWC shall
make the final decision on whether to increase/decrease/maintain or abolish the use of SDCs to
fund future MWC plant expansion. Resolutions or ordinances of the MWC, WHO' "
CITY CUSTOMER, ~ additional Wholesale Other City Customers, and Wholesale Water Districts
shall be enacted to confirm that decision.
f11CS + rell..rted by MWC and /eF WHOLESALE OTH914 PITY CUSTOMER PUFS ant t,. ,.,..,da:,....
1cr' d. SD Gs $,ho all Rat c Q he ret c
@,"ixgcarned enee collected and paid. All s,9C5-E61t2eted by
v--oT
WHOLESALE OTHER CITY CUSTOMER ...:II be held it .ate + um and F.........d..d t.. AAW9
CITY CI-ISTOMER. shall pFavide a eapy of thp qprtiAR. viithiR the am;ual V-91,106FPI Ii OTHER CITY
CUSTOMER audit that gho...s ..,.,.......tiRg of 1. AWG C!l/`s ea fleeted d ..:..re the audited yeaF MWC
shall +a tFn provide WHOLESALE OTHER CITY CUSTOMER an annual accounting of all SDCs
collected.
Water Service Agreement - City of Ashland Page 7 of 13
MWC utilizes a utility basis for determining the water usage rate it charges its WHOLESALE
OTHER CITY CUSTOMER. Under this rate analysis, WHOLESALE OTHER CITY CUSTOMER is
required to pay a return on investment for its share of the facilities paid for by MWC. In all rate
actions, facilities funded by SDCs shall not be included in the return on investment portion of
the rate analysis.
AA\AV` 9I"II dPF t^" hRiP `I .:rtRRrp t.. V-/W L r AI C l1T14CR. CITY CI 4PPAER ~{..k...mi.. i....
SDCs far large serviees and ether questieaseeaGeFAiag this pakyo MWG shall also
.ale fGF 1.aRdling all appeals Felated to the SDC`s
CITY CUSTOMER Shall SbIpply ;149FMat:.... ...i t..GhRi....I SUPPE)Ft t.. MWG to :.t 't thaq
vcr<mc
The payment of SDCs to fund new facility construction shall not diminish or relinquish the
control and ownership of those facilities by MWC. The WHOLESALE OTHER CITY CUSTOMER,
whose customers paid the SDCs, is on a limited term surplus water supply and surplus supply
facilities for treat and transport contract with MWC. In order to protect the interest of the
WHOLESALE OTHER CITY CUSTOMER and their customers, if WHOLESALE OTHER CITY
CUSTOMER or MWC chooses to no longer utilize the facilities funded by the SDCs, the following
refund policy shall be established:
it
Water Service Agreement - City of Ashland Page 8 of 13
A. MWC shall return to WHOLESALE OTHER CITY CUSTOMER the ^ -4eFA^''^;"d^'
who paid the original SDCs its prorated share of the unexpended balance of the SDCs
fund. This prorated share shall be based upon the actual unexpended fees collected by
WHOLESALE OTHER CITY CUSTOMER for the SDCs funded surplus supply water facilities
plus the interest earned.
B. MWC shall return to WHOLESALE OTHER CITY CUSTOMER • •hPFP the .,.;:.,,.q
who paid the original SDCs a prorated share of the depreciated plant value of the SDCs
funded surplus supply water facilities already installed. The prorated share shall be a
percentage based upon the total amount of SDCs paid by WHOLESALE OTHER CITY
CUSTOMER divided by the total SDCs collected which was used to fund the facility.
There will be no interest adjustments for the years in which the SDCs payments were
made.
C. In order to avoid a financial hardship on MWC, a reasonable schedule of up to five (5)
years shall be developed for repayment of the depreciated value,of the SDCs funded
surplus supply water facilities.
ARTICLE 8. PAYMENTS TO MWC
Under the City of Medford Charter, the Board is authorized to set rates and to make all
necessary rules and regulations for the sale, disposition, and use of water and water service of
and from City of Medford water system or systems. WHOLESALE OTHER CITY CUSTOMER shall
pay monthly to MWC for all water thus purchased from MWC at MWC's regularly scheduled
rates for water service to Wholesale Other City Customers in effect at a particular time.
Payment shall be made within ten (10) days after the meeting of the WHOLESALE OTHER CITY
CUSTOMER's Council which next follows the rendering of a statement of charges by MWC.
MWC reserves the right to change said rate at any time upon sixty (60) days written notice to
WHOLESALE OTHER CITY CUSTOMER. Normally MWC will notify WHOLESALE OTHER CITY
CUSTOMER annually, two months prior to the end of the calendar year, of MWC's opinion as to
the need for rate adjustment during the subsequent year. WHOLESALE OTHER CITY CUSTOMER
acknowledges that return on investment, depreciation policies, rate setting methodologies, and
resulting scheduled rates for water service to Wholesale Other City Customers served by MWC
are at the discretion of the MWC to the full extent of the law.
ARTICLE 9. TERM OF AGREEMENT
This term of Agreement shall be three (3) years from the date hereof. WHOLESALE OTHER CITY
CUSTOMER may, at its option, extend the term for three additional five-year periods, which
periods would run through 2021, 2026, and 2031 respectively. Written notice of the election to
Water Service Agreement - City of Ashland Page 9 of 13
exercise a five-year extension of the contract must be given to MWC not later than January 15t
of the year in which the Agreement would expire if there was no extension. MWC agrees to
negotiate in good faith with WHOLESALE OTHER CITY CUSTOMER for renewals of the
Agreement. MWC does not need to sell water to WHOLESALE OTHER CITY CUSTOMER but does
need to know WHOLESALE OTHER CITY CUSTOMER's intention for future service in order to
properly plan for future surplus supply facility needs. In the event the WHOLESALE OTHER CITY
CUSTOMER does not renew the Agreement within one (1) year of the last expiration date, then
the wholesale service will be deemed canceled and the current Agreement will continue in
effect as long as reasonably necessary (to be determined by MWC) to allow WHOLESALE OTHER
CITY CUSTOMER to secure other sources of water. However, Section 19 of the Charter of the
City of Medford limits the term of water service contracts to 20 years and, therefore, the
obligations of MWC under this Agreement, including renewal periods, shall not, under any
circumstances, exceed that period of time. WHOLESALE OTHER CITY CUSTOMER shall make no
assignment of the rights or interests herein granted without written permission from MWC,
except as otherwise dictated by Federal/State laws. In the event of any occurrence rendering
the WHOLESALE OTHER CITY CUSTOMER incapable of performing under this Agreement, any
successor of the WHOLESALE OTHER CITY CUSTOMER, whether the result of legal process,
assignment, or otherwise, shall succeed to such right of the WHOLESALE OTHER CITY
CUSTOMER hereunder.
ARTICLE 10. WATER CURTAILMENT PLAN
MWC, on March 4, 2009, passed Resolution No. 1345 adopting a Water Curtailment Plan for
the MWC service area. This plan calls for the curtailment of water use by all types of MWC
users that MWC is providing water to during periods of drought or emergency. The MWC
Water Curtailment Plan is hereby incorporated into and made a part of this Agreement by this
reference, unless WHOLESALE OTHER CITY CUSTOMER's own state-approved and WHOLESALE
OTHER CITY CUSTOMER adopted Water Curtailment Plan is in effect.
..:hl. the V.1W 1 Cf 4I C l1T119D !'ITV CI I"GMER plan and the MWG plan, the MWG plan shall
Prevail. During emergency or drought periods, the MWC shall give WHOLESALE OTHER CITY
CUSTOMER as much advance warning as possible prior to curtailment of water supplies. The
level of curtailment shall be determined by MWC based on the severity of the proposed
shortage. The WHOLESALE OTHER CITY CUSTOMER shall be responsible for enforcing the MWC
curtailment plan or the above mentioned WHOLESALE OTHER CITY CUSTOMER plan in its
service area.
MWC will require emergency curtailment of water use in an equitable, fair, and consistent
manner, subject to measures adopted by MWC pursuant to Section 4 of the Medford Water
Management and Conservation Plan (March 2009). Continued service during periods of
Water Service Agreement - City of Ashland Page 10 of 13
emergency shall neither be construed as a waiver nor limitation of any kind on any water rights
held by the City of Medford, nor as affecting any other terms in the water service agreement
with WHOLESALE OTHER CITY CUSTOMER then in place.
ARTICLE 11. ANNUAL WATER QUALITY REPORTING
lkilwc...ill gatheF a ailable ata' P i"ted AF,......atiE)AaI L..,.,.L...es and qp Rd Rut t,. all
4AM PF" EtAtP F ed site CBR; -'FBPFCARfidpe RepaI4 (CGR) ate
quality iRfeHnatieR fAF all %Vhglesale 0theF City CustameFS seFved including MWC. Annual
..'t' i ..Iyed %yill be p enianally shaFe d between pa Ftiempating \A IL.elesale OtheF City
G---gtRFneFq aRd hilled sePaFately to \A il(N EfA1 F PT-HFR. CITY !I ISTAMPR. SmtigtiF:aI data and
dated postal . 'rt.. iAfeFFA..ti..A m st be p d.. ed by WHOLESALE OTHER (;IT-* CUSTOMER to
An\n/C no IateF than ApFil 1`'4of eaeh yeaF.
MWC maintains water quality test points throughout the MWC system and one specifically at
the master meter location of the WHOLESALE OTHER CITY CUSTOMER. These test points are
used to collect water samples for meeting required State water quality parameters on a weekly,
monthly, and annual basis. All information collected is of public record and is accessible
through State or MWC databases. All liability of water quality transfers to the WHOLESALE
OTHER CITY CUSTOMER at the point of the master meter location.
ARTICLE 12. INDEMNITY AND COMPLIANCE WITH LAWS AND REGULATIONS
Subject to the provisions of the Oregon Constitution, the Oregon Tort Claims Act (OTCA), ORS
30.260 to 30.300, and the Federal Tort Claims Act, 28 USC §2671 to §2680, and any other
applicable Law of the state of Oregon or Federal Law, each participating entity, WHOLESALE
OTHER CITY CUSTOMER or MWC, shall hold harmless, and indemnify the other participating
entities and their Officers, Employees, and Agents from all claim, suits, actions, losses arising
solely out of the negligent acts of its own Officers, Employees, or Agents while acting under this
agreement.
To the extent WHOLESALE OTHER CITY CUSTOMER or MWC is to perform work pursuant to the
terms of this Agreement, both parties shall at all times observe and comply with all
Federal/State laws, ordinances and regulations, in any manner affecting the conduct of the
work, and all such orders or decrees as exist at the present and those which may be enacted
later by bodies or tribunals having any jurisdiction or authority over the work, and shall
indemnify and save harmless each other and all of each parties' officers, agents and servants
Water Service Agreement - City of Ashland Page 11 of 13
against any claim or liability arising or based on the violation of any such law, ordinance,
regulation, order or decrees, whether by themselves or their employees.
ARTICLE 13. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in force and effect, and shall in no way be affected, impaired, or invalidated
thereby.
ARTICLE 14. INTEGRATION
This Agreement represents the entire understanding of MWC and WHOLESALE OTHER CITY
CUSTOMER as to those matters contained herein. No prior oral or written understanding shall
be of any force of effect with respect to those matters covered herein. This Agreement may
not be modified or altered except in writing signed by both parties.
ARTICLE 15. JURISDICTION
This agreement shall be administered and interpreted under the laws of the State of Oregon.
Jurisdiction arising out of litigation arising from this Agreement shall be in that state.
ARTICLE 16. DEFAULT
It is further understood and agreed by and between the parties hereto that this Agreement is
conditioned upon the faithful performance by WHOLESALE OTHER CITY CUSTOMER of all terms
and provisions hereof, which, on its part, are to be kept and performed and any failure to do so
or any default which is not remedied within thirty days after the mailing of written notice from
MWC to WHOLESALE OTHER CITY CUSTOMER specifying the particulars of the alleged default,
shall give MWC the right to terminate this Agreement. Notwithstanding the foregoing,
WHOLESALE OTHER CITY CUSTOMER shall not be deemed in default hereunder if the default is
such a nature that it cannot be fully remedied within thirty days and WHOLESALE OTHER CITY
CUSTOMER proceeds in good faith to cure such default.
IN WITNESSETH WHEREOF, the parties hereto have caused these present to be signed by their
proper officers the day and year first written above.
MWC: WHOLESALE OTHER CITY CUSTOMER:
THE CITY OF MEDFORD THE CITY OF ASHLAND
Water Service Agreement - City of Ashland Page 12 of 13
BY AND THROUGH ITS
BOARD OF WATER COMMISSIONERS
Chair Mayor
City Recorder City Recorder
Date Date
Water Service Agreement - City of Ashland Page 13 of 13
AGREEMENT TO PAY SYSTEMS DEVELOPMENT CHARGES
Between the City of Medford, by and through the Medford Water Commission
and
The City of Ashland
Parties
The parties to this agreement are the City of Medford, an Oregon Municipal Corporation, by and
through the Medford Water Commission (Water Commission, Commission, MWC), a Medford Charter
entity, and the City of Ashland (Ashland), an Oregon Municipal Corporation.
Purpose
By the authority granted in ORS 190.110 the Water Commission and the City of Ashland may enter into
cooperative agreements for the performance of services otherwise provided separately by either entity.
This agreement is payment by Ashland of its fair share of Systems Development Charges expended by
the Water Commission to expand its Duff Water Treatment Plant to create surplus facilities in order to
treat and transport surplus and other water for Ashland. This agreement does not create any ownership
in the Duff Treatment Plant by the City of Ashland, and does not obligate the Medford Water
Commission to provide water for any duration, except as per separate agreement.
Terms
In exchange for payments described herein, and as set forth by separate agreement, MWC will allow
Ashland to receive surplus water during the months of October through April, and surplus facilities for
treatment and transport of Ashland water from the Duff I Water Treatment plant during the months of
May through September.
Amount Due
The total amount of Ashland's fair share of SDCs is $3, 690, 675.00 (Three million, six-hundred ninety
thousand, six hundred seventy five dollars). This amount is based on service of 3,000,000 gpd (3MGD -
Three million gallons per day) at $1476.27 per Equivalent Residential Unit (ERU) and 1200 gallons per
day (GPD) per ERU.
Payments
Ashland shall make payments for SDCs as follows:
An initial payment of $369,067.50 within 10 days of execution of this agreement but no later than
March 31, 2014 will be made.
The principal of $3,321,607.50 will be due in 20 annual installments beginning March 31. 2015. Initial
installments will be $232,023.31 based on level amortization over 20 years at an annual interest rate of
3.42%. There will be no pre-payment penalty of remaining balance due. On April 1, 2019, 2024 and
2029, the interest rate will be reset to the 20-year Treasury constant maturity rate reported in the then
most recent Federal Reserve Board Selected Interest Rates (Daily) - HAS statistical release and the
payment recalculated subject to a maximum change in interest rate of 1% at each reset.
If payments are paid and received, MWC will provide Ashland with water per separate agreement. If
payments cease, in addition to all other remedies at law and equity, the separate agreement for water
service will terminate.
Termination
In addition to termination for non-payment stated above, this agreement may be terminated by either
party at any time. In the event of termination, Ashland will no longer be allowed, directly or indirectly,
connection to or service from MWC. MWC reserves any other remedy available at law or equity.
Dated this day of month 2014
Signed Signed
Medford Water Commission City of Ashland
ECONOMIC & FINANCIAL ANALYSIS
MEMORANDUM
TO: Mike Faught
FROM: Raymond J. Bartlett
DATE: February 21, 2014
RE: Water Fund Forecasts, MWC Options
OVERVIEW & SUMMARY
Since adoption of the Comprehensive Water Maier Plan of 2012 (the "Master Plan"), the City discovered
that it has to pay a water system development charge (SDC) to the Medford Water Commission ("MWC") .
to pay for its share of M WC's water treatment plant. The SDC is based on $1,476.27/1,200 gallons of
capacity. While the connection to the MWC water system was anticipated in the Master Plan the cost of
the SDC was not. The City of Ashland is considering two options for purchase of capacity: 2.13 million
gallons per day (mgd) or 3.0 mgd. The City owns water rights of 2.3 mgd that would be treated at the
MWC treatment plant. However, the City needs up to 3 mgd during the peak summer season to avoid
curtailment of water usage during periods of drought.
To assess the financial impact of these options, we present three forecasts. The first is a Baseline
Financial Forecast that is based on the financial forecast in the Master Plan but modified by more current
financial information and trends. This forecast excludes the MWC purchase of additional water capacity.
Option I assumes the City purchases 2.13 mgd of capacity from MWC. Option 2 assumes the City
purchase 3.0 mgd. For both Options 1 and 2, the City makes an initial down payment of $369,690 and
pays off 50% of the balance in Fiscal Year 2016 (FY2016) and finances the balance over the following 18
years. The lending rate from MWC is assumed to be 3.42% per annum though the City is negotiating to
reduce that rate. These forecasts are based on economic and financing assumptions that are useful in
comparing options, but likely will change in the final negotiations with MWC. Among the economic
assumptions is one that holds the already planned rate increases constant. If future economic and
financing conditions differ from our assumptions, then further adjustments to rates may be necessary.
Figures 1 and 2 summarize and compare the impact of the three forecasts on the ending cash and
equivalents and on the debt-coverage ratios for all debts. The ending Cash & Equivalents are lower for
Options 1 and 2 than for the Baseline Financial Forecast because of the payments to MWC. In Option I
and 2 the cash decreases to the lowest level at $3.123 million in FY 2014. At the end of the forecast
period, FY 2019 cash decreases more for Options 1 and 2 than for the Baseline Financial Forecast, but
even for Option 2 cash is above $3 million.
1409 Franklin Street, Suite 201 • Vancouver, WA 98660 T/360.823.1700
Water Utility Alternative Forecasts, MWC Purchase February 21, 2014
Figure 2 shows the impact on the debt coverage ratio. This ratio shows the relationship between cash
available to pay debt service and the amount of the debt service. A ratio of 1.00 means that the amount of
cash available to pay debt service just equals the amount of debt service. To be prudent, the ratio should
always be above 1.00, and if the City issues revenue bonds, then as a condition of the bond the ratio
would have to equal or exceed 1.25. Since the additional debt the City will incur is relatively small
compared to all of the other water system debts, the ratios remain close for the 2 Options and the Baseline
Financial Forecast forecasts. The proposed loan from MWC does not require a specific debt-coverage
ratio.
ECONOMIC & FINANCIAL ANALYSIS Page 2
Water Utility Alternative Forecasts, MWC Purchase February 21, 2014
$8,000,000
-aese6ne Forecast
$7,000,000 02,13 u,gd
- -3.0 mgd 56,331,639
$6,000,000 I
e
St,000,000 1
g \ / -
54.388399
$4,000,000 1 / \ .
a \ _ / \
$3,643,725
/53,564,936
$3.000.000 s3,123.104
W
52,000,000
$1.000,000
so - - -
2013 2014 T-2015 2016 2017 2018 2019
Figure 1 Comparison, Cash & Equivalents
4.00
Updated Nfiew pelt
3.50 02.13 nwd
- -3.0 ngd
3.00
2.50 ;
C
2
g f
D \
1.36 LN
00
1.07
0.50
2013 2014 2015 2016 2017 2018 2019
SEES ECONOMIC & FINANCIAL ANALYSIS Page 3
SEES
Water Utility Alternative Forecasts, MWC Purchase February 21, 2014
Figure 2 Comparison, Debt-Coverage Ratios
Baseline Financial Forecast
The baseline forecast is a modification to the financial plan in the Master Plan. Since adopting the Master
Plan, three changes have occurred that were not anticipated in the Master Plan.
First, the revenues from water rates have increased more rapidly than had been forecast. In fiscal year
ending June 30, 2013, actual revenues from water rates amounted to $5.467 million compared to the
$5.142 million forecasted in the Master Plan, or about $0.325 (6%) more than anticipated. This level of
increase is not secure and the differential could decrease particularly if the City has to implement
mandatory water rationing. The region has been suffering from long-term draught conditions and the
water system is susceptible to water loses and disruptions due to floods, landslides, and forest fires in
their watershed.
Second, the City is applying to the state of Oregon Safe Drinking Water Revolving Loan Fund for
approximately $16 million of financing for part of the $31 million of capital improvements. The interest
rate on the state loans is about 1.0% vs 5% anticipated in the Master Plan. The annual savings on interest
expense is at maximum $0.34 million per year for up to16 years. These loans will betaken over the next
3 to 4 years and all have 20-year terms.
Finally, the water utility manages the Forest Interface Program which is responsible for forest thinning in
the watershed to avoid the spread of wildfires. It began with a federal grant of approximately $3.4
million. Though the grants have ended, the City continues to fund the operations at a cost of $0.444 in
FY 2014 and $0.443 in FY 2015. After FY 2015, the water fund expects to pay $0.268 in FY 2016 and
that amount per year adjusted for inflation at 30/o/year going forward. These additional costs offset the
savings described above.
EFA adjusted the financial forecast in the Master Plan to arrive at the Baseline financial forecast. The
baseline forecast does not include the purchase of additional water capacity from the Medford Water
Commission. The forecast in the Master Plan uses a rate stabilization fund which is included in the
ending Cash & Equivalents on Table 1. Through FY 2017, Cash & Equivalents is expected to increase to
about $4.5 million. Beginning in FY 2018, the Master Plan forecasts that about 30% ($0.8 million) of
total annual debt service would be paid from Cash & Equivalents and the other 70% from Net Cash From
Operating Activities. As a result, Cash & Equivalents decreases each year beginning in FY 2018. To
accomplish this cash flow, the Master Plan forecast recommends the following water rate increases:
2013 Water Master Plan
Recommended Rate Increases
Fiscal Year % Increase
(effective July 1) (per year)
FY 2014 10.07%
FY 2015 10.06%
FY 2016 10.06%
FY 2017 7.90%
FY 2018 3.75%
ECONOMIC & FINANCIAL ANAp9IE Page 4
Water Utility Alternative Forecasts, MWC Purchase February 21, 2014
FY 2019-2022 2.92%-3.18%
The following optional forecasts that include purchasing additional water from the MWC keeps these rate
increases constant-no additional rate increases. The optional forecasts also keep the same assumptions
about inflation as the Master Plan forecast-6% for personnel, 3% for materials & services, 3% for
capital expenditures. Due to the continued low rate of interest earnings on investments, the optional
forecast assumes an investment rate of only 0.5% versus the Master Plan assumption of I%. This change
results in lower revenues than in the Master Plan forecast. Interest earnings are based on the average of
beginning and ending Cash & Equivalents. The financial forecast is shown in Table 1.
Options 1 and 2
Option 1 assumes Ashland will purchase 2.13 mgd of capacity at a cost of $2,620,390. The City pays the
$369,068 as a down payment. The City pays interest only in FY 2015 ($76,995). In FY 2016, the City
pays $1,125,661 (1/2 of the outstanding balance) in FY 2016 and finances the other $1,125,661 over the
next 18 years at 3.42%/annum. Annual debt service is approximately $84,800. The forecast is shown in
Table 2.
Option 2 is similar in cash flow to Option 1 except the purchase price is based on 3.0 mgd and annual
debt service increases to approximately $125,100 for 18 years beginning in FY 2016. The forecast is
shown in Table 3.
In all three forecasts, revenues, operating costs, capital improvements, and all other debt service payments
remain constant.
ECONOMIC & FINANCIAL ANALYSIS Page 5
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~ F U U V Z U U
CITY OF
ASHLAND
Council Communication
March 4, 2014, Business Meeting
An Ordinance Amending AMC Chapter 2: Rules of City Council; Uniform Policies
and Operating Procedures for Advisory Commissions and Boards; Recreation
Commission; Conservation Commission; and Certain Administrative and
Operating Departments
FROM:
David H. Lohman, City Attorney, lohmand@ashland.or.us
SUMMARY
This agenda item presents draft ordinance amendments intended to capture Council discussions at
study sessions on December 2, 2013 and January 7, 2014. These ordinance amendments would effect
changes to ordinances on Council meeting procedures; on advisory bodies; and on City department
descriptions and duties.
BACKGROUND AND POLICY IMPLICATIONS:
At several meetings over the past year, Council has discussed various conceptual changes to the
procedural rules for Council meetings and to the policies and operating procedures for advisory bodies.
The Attachment shows proposed ordinance revisions intended to reflect the sense of the Council
during those discussions.
Some of the proposed changes are simple housekeeping revisions: none sensitive updates, corrections,
clarifications and re-orderings. The proposed revisions that are substantive or that may not have
unanimous Council support or may otherwise be controversial, are briefly described below opposite
their new Code sites. If the subject of a provision is already addressed in the current Code and has
been moved to a new site, the current Code site is shown in brackets.
• 2.04.010E Specifies when a motion to suspend the rules is permissible
• 2.04.010F Clarifies role of parliamentarian and presiding officer in responding to
questions about meeting procedures and rulings of the presiding officer [see
current 2.04.020L]
• 2.04.02013 Requires notice of Special meetings 72 hours in advance, instead of 36.
• 2.04.020C Specifies actions Council may take at study sessions
• 2.04.020D1 Clarifies process for objecting to consideration of a matter in executive
session
• 2.04.02017 Requires notice for all meetings except emergency meetings at least 72 hours
Page 1 of 3
CITY OF
ASHLAND
in advance, instead of 36 hours [see current 2.04.020*1
* 2.04.030B&C Clarifies procedure for a Councilor to add any item to a future meeting's
agenda
* 2.04.030E3 Clarifies disposition of scheduled agenda item not concluded
* 2.04.04013 Allows for possibility that a Councilor may attend a meeting by electronic
means upon suspension of rules.
* 2.04.040C2 Adds certain limitations on discourse before the Council [see current
2.04.020K]
* 2.04.040C3 Clarifies possible responses to disruptive conduct in Council meetings [see
current 2.04.040A]
* 2.04.040C4-5 Provides streamlined procedures for managing meetings and making
motions; replaces Roberts Rules except for situations not addressed in the
proposed new rules
• 2.04.040C6a Allows Councilor to be excused from voting upon approval by majority vote.
Makes a Council member's refusal to vote count as a negative vote [see
current 2.04.02011
* 2.04.040C6b Requires an affirmative vote of at least four Councilors to pass measures
required to be decided by a two thirds vote [see current 2.04.02011
• 2.04.040C7 Clarifies when reconsideration can occur [see current 2.04.020J]
* 2.04.050 Changes order of business so that Public Forum takes place before
consideration of the Consent Agenda unless altered by the presiding officer
or suspension of rules
* 2.04.050D2 Clarifies that a Councilor may request that any matter discussed in Public
Forum be placed on a future Council agenda [see current 2.04.070]
* 2.04.050171 Allows Council by two-thirds vote to extend public hearings to as late as 9:45
PM
* 2.04.050G Allows clarifying staff or public testimony to be taken on a consent agenda
item without formally pulling the item from the consent agenda
* 2.04.090A Clarifies distinctions between appointed and non-appointed commissions and
between regular and ad hoc advisory bodies
* 2.04.090C Requires considering possible appointment of replacement member of regular
advisory body before reappointing existing member to more than two full
terms
Page 2 of 3
pr,
CITY OF
ASHLAND
• 2.04.100B Relaxes attendance requirements for Council Liaisons to advisory bodies
• 2.04.110A3&4 Provides guidance to Council members serving as City Representatives to
external organizations when called upon to vote on matters potentially
impacting the City
• 2.04.110A5 Clarifies ethical obligations of Council member serving as City
Representatives to external organizations
• 2.10.025B Clarifies meeting attendance requirements for members of advisory bodies
• 2.10.025C Establishes advance notice requirements when advisory body member will
not attend scheduled meeting
• 2.10.025D Disallows alternates for members of the advisory bodies, except appointed by
outside entity
• 2.10.025E Requires advisory body attendance reports
• 2.10.040 Clarifies what should occur when a quorum of an advisory body is not in
attendance at a duly noticed meeting
• 2.10.050 Specifies when advisory bodies should elect officers and limits tenure of
chair and vice chair to no more than three consecutive annual terms
• 2.10.060 Requires timely preparation and posting of advisory body agendas and
minutes
• 2.10.105 Clarifies expectations for reports to Council about advisory body activities
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
Staff recommends Council move the ordinance to second reading and provide direction for any
changes to be made.
SUGGESTED MOTION:
I move approval of first reading by title only of an ordinance titled, "An ordinance amending AMC
Chapter 2: Rules of City Council, Uniform Policies and Operating Procedures for Advisory
Commissions and Boards, Recreation Commission; Conservation Commission, and certain
Administrative and Operating Departments."
ATTACHMENTS:
• Proposed Ordinance Amending AMC Chapter 2
Page 3 of 3
~r,
ORDINANCE NO.
AN ORDINANCE AMENDING AMC CHAPTER 2: RULES OF CITY
COUNCIL, UNIFORM POLICIES AND OPERATING PROCEDURES FOR
ADVISORY COMMISSIONS AND BOARDS, RECREATION
COMMISSION; CONSERVATION COMMISSION; AND CERTAIN
ADMINISTRATIVE AND OPERATING DEPARTMENTS
Annotated to show ae' sand additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, revisions to some of the Council meeting procedures currently in effect can reduce
procedural uncertainties and facilitate efficient conduct of Council meetings;
WHEREAS, permitting certain types of decisions to be made at Council study sessions will
make study sessions more productive;
WHEREAS, various members of City Council and of City boards and commissions have
requested clarifications of the Uniform Policies and Operating Procedures for Advisory boards
and commissions;
WHEREAS, the staff liaison to the Conservation Commission is no longer the Electric Utility
Director; and
WHEREAS, the existing City code provisions concerning the functions of certain administrative
and operating departments need to be updated to reflect current practices.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2 is hereby amended as follows:
Section 2.04.010 Authority.
A. Oregon Revised Statutes, Tthe M nieipal Charter- o4~Ey Ashland City Charter, the A rtiel . V711 Seel:,... and the Ashland Municipal Code ° as the
Oregon Revised
Statutes governs many the meeting requirements and actions of the Council.
Ordinance No. Page 1 of 27
B. These operating policies and procedures are established and adopted under the authority
granted in the Ashland City Charter, Article VIII, Section 3.
C. Robert's Rules of Order Newly Revised shall be the authority for deciding any
questions on meeting requirements and actions not covered by the rules in AMC 2.04 or
Oregon Revised Statutes.
D. Failure to strictly follow the rules in AMC 2.04 or Robert's Rules of Order Newly
Revised shall not be cause to void or otherwise disturb a decision or action of the Council.
E. The rules on meeting procedures in AMC 2.04.020A and C, 2.04.040B. and C4., and
2.04.050D.a. and G.a. and in Robert's Rules of Order Newly Revised may be suspended
temporarily upon a motion that is seconded and passed by a two-thirds vote in favor. A
motion to suspend these rules is not debatable or amendable. Charter provisions may be
suspended or repealed only by a vote of the people.
F. The City Attorney is designated as parliamentarian for the Council. Council members'
requests for information and on meeting requirements or possible Council actions may be
referred to the City Attorney through the presiding officer for interpretation. After taking
into account any opinion of the City Attorney, the presiding officer must rule on questions
about meeting requirements or possible Council actions. A ruling of the presiding officer
may be challenged by a point of order as set forth in AMC 2.04.040C4.b.(1).
Section 2.04.020 Meetings.
A. Regular Meetings.
The regular sessions of the Council are on the first and third Tuesday of each month unless
otherwise arranged, beginning at 7:00 p.m. Meetings are required to end no later than 10:30
p.m.
B. Special Meetings.
A special meeting may be called either by the Mayor or two members of the Council.
Notice of the time and place of such special meeting and the subjects to be acted upon shall
be delivered to all members of the Council at least 36 72 hours in advance of the time of the
meeting, except in the case of an emergency, and the Council may consider and act only
upon such matters as contained in the notice.
C. Study Sessions.
The Mayer or- twe members of the Couneil ma3, eall a stud), session at on), time with 36
hour notiee for- the per-pose of informing members of the Couneil as to City nffftirs.
Study sessions are held so that Couneil ean eenfer- with staff and other experts on items
deliberate towards a deeision but ean give staff dir-eetion to prepare materials for- -a
regular- Couneil meeting.
Ordinance No. _ Page 2 of 27
Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask
questions, discuss options, express their individual views on matters that may be voted
on in subsequent regular or special meetings; and to provide guidance to staff. The
Council may vote in study sessions on guidance to staff concerning matters to be
presented to Council for decision at subsequent meetings. By consensus, the Council
also may direct staff to take action on other matters that do not require Council
decision by ordinance or resolution. No particular cases involving quasi-judicial
decisions may be discussed at studv sessions.
Study sessions are held on the first and third Monday of each month unless otherwise
arranged, beginning at 5:30 p.m. The Mayor or two Councilors may call a study session
at any time with 72-hours advance notice.
D. Executive Sessions.
L _All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610 to
192.690). These purposes include, but are not limited to, the employment and dismissal of
public employees, the performance evaluation of the City Administrator and City Attorney,
labor negotiations, real property transaction negotiations, and consulting with legal counsel
on pending or threatened litigation. it an), C,.aneil°°° feel do not feel that an item shoal-'
be .,.:..e session they .d hind state in the _ utiv. session At any time during
an executive session, a Councilor who feels a matter under consideration should be
addressed exclusively in open session may state a point of order, which shall be ruled
upon in the executive session as set forth in AMC 2.04.040C.4.b.(1).
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
will act in accordance with State law regarding confidentiality of information discussed in
Executive Sessions.
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. if at does
not so speeib,, tThe proceedings may be reported if no such statement is made.
E. Emergency Meetings.
The City Administrator is responsible for implementation of the Emergency
_Management Plan. When the City Administrator determines that a state of emergency
exists, the administrator will make a declaration to that effect and request the Mayor to
call an emergency meeting of the Council in order to ratify the declaration of
emergency. The emergency meeting of the Council will occur as soon as possible after
the declaration of emergency. A quorum of the Council may not be possible due to
emergency circumstances and is not required for this emergency meeting.
Notwithstanding the advance notice requirements in Section 2.04.020B, C and F, notice
of the emergency meeting can be made in the most expedient manner determined by the
Mayor and need not be 72 hours in advance, but notice of the emergency special
Ordinance No. _ Page 3 of 27
meeting must be given at least 24-hour in advance if feasible. In any case, minutes of
any emergency meeting must meet the requirements of ORS 192.640(3) and 192.650.
EF. Notice of Meetings.
Advance notice of at least .3,672 hours shall be provided for all meetings, except for
emergency meetings. Notice shall be sent to a newspaper with general local circulation and
posted prominently on the City's ""„sin website. In the case of an emergency or when a
state of emergency has been declared, public notice appropriate to the circumstances shall be
provided and reasons justifying the lack of 3672-hour notice shall be included in the minutes
of such meeting.
F. Quorum.
A s provided in A rtiele [7777f Seetion A of the City Char-te" f the Mayor- and not less than
three ...va..a , or four ,
or-dinanee
yse:S;n present s determines ees the aeli0n on any ~ motion, question, ,
,
resolution. On questions requiring a t",o thir-ds vote of the
as provided in t
City Char-ter-, there shall be required an affirmative vote of at least four Couneilors to
exereise an), sueh speeial powers. If the r-All moll ,Aows no quor-am present, as define'
detained, dw-eeet the Chief of Pefiee to notify the absent members, exeept those known to b
unavoidably
that their -ed to enable the Couned to proeeed
with business. Should any then fail soon to appenr, the members present shall adjourn
to a date fixed by them and all agenda items will be eonfinued to the next regular
meeting
.
G Emerggeney Meeting Praeedur-es A°'It.d Qiivrtmr.
The City Administrator- responsible for implementation of the Emergency
The a.aaJ awauu
Management Piam. When the City Administrator- deter-mines that " state of emerge"ey
exists, the administr-atar- ivill make a deelar-ation to that effeet and request the A40yor to
a.uu w o7aea.aua uaa.a.auas of the a.as aaua.u ua order-
The speeial meeting of the Couneil will oeeur- as soon as possible after the deelar-atia" of
emergency. A quorum of the !`....neil may of b possible due to emer-geney
.aa.a...asa...a..,s and is not required for the sY°°
n be made in the most pedient manner determined by the A•7....,.r and need not 1.,.
36 hours in advanee.
'
H.
Robert' s Rules of Ordeir.
s Rules of Order- shall be the authority for the government of the Couned
rules.
during its sessions, when not in eanfliet with the City Charter- and these eode Failure to strietly follow Robert' s Rules of Order- shall not be eause
to void or-
its proeeedings-.
1. Voting.
When a question or motion is put to avote by the ehair-, eneh fnember present shailvot-e
for- or against the motion unless the Couneff exeuses that member- fr-om so doing. If
Ordinance No. Page 4 of 27
thereafter- the Mayor- or- any ^•'`er- Palls f^F a _all eall vote) then eneh member- m st
.vote. The Mayor- e%n only . ate in the ease of a tie and then is required to vote.
j. Reeonsider-ing a Vote.
A Fnetion to eider a vote e an be made a..1. onee and at the session at Whieh the
ot:n° n attn... adopted) at the next r ula.- meeting of the Council, provide'
that n vote to r side.. Shall be ...ade after- the a..dinanee resolution, net has been
oft:eially r a..ded filed a.. t..a........:ttad o nthe. vise gone out of the possession of the
Council.
Y Council Tel:beratio..
it is the duty of the Mayor or- presiding offieer to ensure that eneh Couneii member has
tunity to .v speak. odd2kx •1vrs should ask ~.h -to berecog:.kied. No
the ~IxPvYsax.xs--
member shall speak more than onee until every member ehoesing to speak shall hav-e
spoken or waived their- right to do so. No member- shall speak twiee on a motion on the
floor without leave of the Alayer or presiding offleer.
Couneil Fnembers speak on!), for- themselves and shall be open, dir-eet and e"ndid. They
work to keep diseussie and Ball oxx -a "pr-oecss ehee#)) if tbpdiseassien
I E)wn. Time jimits may be set on topics by the Mayor, by the presiding
offiee_ ) a" by a eonsensus of the ! oune;l
L. City Attorney as Parliamentarian.
The City Attorney kS c~xgnncca designated as parliamentarian 8Yc n
xc ckc~ the Bdflck~,ZdeStleflS e
parliamentary rules may be referred to the City Attor-ney through the presiding offieer-
for interpretation. The final ruling rests with the presiding offieen
Section 2.04.030 Agendas.
The City Administrator is responsible for the preparation of the Council agenda.
A. Agenda Guidelines for Regular Meetings. Topics will be added to a Council agenda based
on timeliness of the topic and with consideration of the number of items already scheduled
for the Council. Matters to be considered by the Council shall be placed on an agenda to be
prepared by the City Administrator from the following:
1. All items considered by the Council during study sessions, which require a subsequent
official action from the Council vote.
2. All items which are required by law or policy to be presented to the Council.
3. All other items that the City Administrator, City Attorney or Mayor present to the
Council for action.
4. Items placed on the agenda in accordance with paragraphs B and C of this Section.
5. Requests of City Boards, Commissions, and Committees.
B. Agenda Additions by Councilors.
L ApA Councilor may request that place an item prior to initial Gotmeil ,
plaeed on the Council's agenda that
Ordinance No. Page 5 of 27
ordinance provided-that preparing the matter for Council consideration would not
require more than two hours of staff time, including policy research and document
drafting. The Councilor shall notify the City Administrator of such an addition to the
agenda no later than noon of the Wednesday prior to the Council meeting. The City
Administrator shall determine the order of business of the item. The City Administrator may
request that the matter be deferred until a later meeting if the agenda of a particular meeting
is already lengthy. Council members will endeavor to have subjects and any materials they
wish considered submitted prior to finalization of the Council packet.
E 2. A Councilor who y fe ° reh and discussion r drafting of an erdiii°""°
wants to add to the Council's agenda an item requiring more than two hours of
preparation by staff, including policy research and document drafting, should first raise
the issue propose the addition at a regular meeting under Other Business from Council
f- fl-H PA, -S ef an), staff time being s
members or at a study session.
an the issue, The-Couneiler may also request that the discussion of this item be formally
plaeea en the agenda : accordance with pafagraph a of this Seeti^. The Council should
consider items such additions to the Council agenda in light of City priorities, including
adopted City Council Goals, and workload. The Council must agree to proceed with an issue
or ordinance before staff time is spent preparing the matter for Council action. The
Councilor may present information or a position paper or ask for a department report or
committee recommendation. Councilors who agree that staff time can be spent on a
particular item are not bound to support the issue when it comes before the Council for a
vote.
IBC. During a meeting. Any topic may be added to ae the agenda by a majority vote of the
Councilors present. Generally these items should be limited to items of timeliness or
emergencies. Advance notice of executive sessions, however, must be given as required
by State law.
ED. Postponing Agenda Items Before Consideration.
1. If a Councilor will be absent from an upcoming regular meeting, the Councilor may
request during a regular meeting that consideration of an agenda item be postponed to a
future regular meeting. The request will be honored if the majority of the Council votes
in favor of postponement and the matter is not time-sensitive.
2. If the request to postpone is made outside a regular Council meeting the Councilor
requesting the postponement shall submit a request to the Mayor or City Administrator in
writing or by email as early as possible. The request to postpone will be honored unless
the majority of the Council at the public meeting votes not to postpone the item or if the
matter is time-sensitive.
3. If time expires before the City Council can consider an item on the agenda including an
advertised item, the unaddressed item shall automatically be continued to the next
regularly scheduled meeting ^f the Gounei' scheduled regular meeting or study
session; re-advertisement shall not be required for such continued items. A note shall be
placed on the Agenda referencing this continuance rule: "Items on the Agenda not
considered due to time constraints are automatically continued to the next regulafly
Ordinance No. Page 6 of 27
scheduled etffleil fneeting scheduled regular meeting or study session of the Council.
AMC 20.40.030.E."
FE. Council Packets.
Written materials, from Councilors, staff and citizens, which are related to agenda items to be
included in the Council packet, must be submitted to the City Administrator' s office no later
than 12:00 noon six days in advance of the Council meeting for which it is intended.
Materials submitted must include author's name and address.
GF. Study Session Agenda Preparation.
The City Administrator prepares the agenda for the study sessions from:
1. Items requested by the Mayor and members of the Council to be listed on the agenda.
2. Items deemed appropriate by the City Administrator.
3. Business from the Council pertaining to committee reports and other business.
4. Items requested by City Commissions, Committees or Boards.
G. Time Limits.
Items appearing on the Council study session agenda shall be assigned a time limit and the
Mayor shall hold discussion to within the time frame, unless the consensus of the Council is
to extend the time limit until an issue or item is discussed and resolved.
Section 2.04.040 Conduct of Meetings.
A. Ouorum.
As provided in Article VIII, Section 4 of the City Charter, four Councilors, or the
Mayor and not less than three Councilors, constitute a quorum. If the Council
members present do not constitute a quorum, the members present may adjourn or a
majority of the members in attendance may direct staff to notify the absent members,
except those known to be unavoidably detained, that their presence is required to
enable the Council to proceed with business.
B. Attendance by Electronic Communication.
Except in the event of a suspension of rules pursuant to AMC 2.04.010E, members of
the CitV Council may not attend or vote at public meetings by means of telephone or
other electronic communication. The rules on meeting procedures and Council actions
shall otherwise remain in effect notwithstanding any such suspension of rules to allow
for attendance by electronic communication.
AC. Council Deliberation.
1. Presiding Officer. The Mayor, or in the Mayor's absence, the Chair of the Council, shall
preside be the presiding officer at the meetings of the City Council. In the absence of these
officers at any meeting, the Councilors present shall appoint a Chair Pro-Tem to serve
temporarily as presiding officer and proceed with the meeting. The Chair-, exeept the
Mayor, may vote on all motions other than presiding officer may not vote on appeals
from decisions made while acting as presiding officer. The Chair of the Council or Chair
Pro-Tern may vote on all other motions, but the Mayor may vote only as provided in
City Charter Article 4, Section 3.
Ordinance No. Page 7 of 27
The presiding offieer shall be responsible for- ensuring order- and deeer-um i-s
mkintained. Comments and disagreements should be addressed to the topie at hand
and avoid negative personal remarks. Attendees and speakers are required to stAetty
abide by the direetiens e€ the presiding offieer, Behavior or aetiens that are
unreasonably loud or disruptive shall be eause for- removal from Couneil meetingsw
Failure to abide by the presiding offieer-2. s instruetions eonstitutes "disruption of a
lawful assembly" as provided in ORS 166.025(l)(e). Dismptive behavior ineludes
engaging in violent or distraeting aetion, making loud or disruptive noise or using loud
or- disruptive language, and r-efusing to obey an order- of the presiding effieer, Signs tire
not permitted and will be eonsidered disruptive.
The presiding offieer may set time limits on agenda items.
2. Discourse Rules. The presiding officer shall ensure that each Council member has
the opportunity to speak on each issue before the Council. Councilors must ask the
presiding officer to be recognized. Unless otherwise permitted by the presiding officer,
no member may speak more than once on an issue and may do so only after every other
member has spoken on or declined to address the issue. Time limits may be set on
topics by the presiding officer or by a consensus of the Council. Council members, as
well as members of the public speaking on Council agenda items, shall confine their
remarks to the question under deliberation, avoid redundancy, speak only for
themselves, and make no negative personal remarks or comments about the motives or
personal traits of others.
3. Decorum. The presiding officer shall be responsible for ensuring order and decorum
is maintained. Any person's failure to abide by the presiding officer's instructions
1W~9 constitutes "disruption of a lawful assembly" as provided in ORS 166.025(1)(c) and may
be cause for the residin officer, or a maiori of the Councilors to direct a city
D official to remove the person from a Council meeting. Disruptive behavior includes
engaging in violent or distracting action, making loud or disruptive noise, or using loud
or disruptive profane language, making negative personal remarks or comments about
the motives or personal traits of others, and refusing to obey an order of the presiding
officer. Signs are not permitted and will be considered disruptive. A direction or order
of the presiding officer may be challenged by a point of order as set forth in AMC
2.04.040C.4.b.(1).
4. Motions and Permissible Intervening Actions.
a. Councilor Actions During Debate. No motion or intervening action shall be
received or recognized by the presiding officer when a question is under debate,
except for the ten secondary motions and intervening actions listed below. The
disposition of any motion or action listed below must occur before consideration of
any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a
matter
(2) Motion to adjourn
(3) Withdrawal of a motion
Ordinance No. Page 8 of 27
(4) Motion to lay the matter on the table
(5) Motion to divide a motion under debate
(6) Motion to refer
(7) Motion to call for the previous question
(8) Motion to postpone to a certain time
(9) Motion to postpone indefinitely
(10) Motion to amend
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor
to raise a_ point of order if meeting procedure rules appear to have been
broken. The point of order must be addressed to the presiding officer and
may not be addressed directly to the speaker. The speaker must immediately
cease speaking, and the issue identified in the point of order must be resolved
before business continues. No second is required, and no debate is allowed
on the point of order. The presiding officer may seek clarification on the
point of order from its maker, from the speaker who had the floor when it
was made, or from the Parliamentarian. Before proceeding further, the
presiding officer must sustain or overrule the point of order or submit it to
Council decision by majority vote with no debate. A member who disagrees
with the presiding officer's decision to sustain or overrule a point of order
may move immediately following a ruling by the presiding officer to overturn
it. The motion to overturn a ruling on a point of order may not be debated,
and the presiding officer may not vote on it. Approval of the motion requires
a majority of affirmative votes; the motion fails in the event of a tie vote.
(2) Request for Information. Any member may interrupt a speaker who has
the floor to seek permission to make a request for information from the
speaker or from staff or invitees with expertise on the subject under
discussion. The request must be addressed to the presiding officer and may
not be addressed directly to the speaker. The information sought must
concern either the subject under discussion or meeting procedure rules. The
presiding officer may ask the reguestor for a statement of the nature of the
information sought. A request for information must not contain statements
of fact unless they are necessary to make the request intelligible and must not
contain arguments. Upon inquiry from the presiding officer, the person who
had the floor when the request for information was made has sole discretion
whether to temporarilV relinquish the floor to allow the requested
information to be provided.
(3) Obiection to Consideration of a Matter. A member who contends a
matter about to be discussed is irrelevant or for any other reason not
advisable to consider, may object to consideration of the matter. The
objection may be made before or after another member has been assigned
the floor, but only if debate has not vet begun and none of the motions in
AMC 2.04.040C.4.a. has been made. An objection to consideration of a
Ordinance No. Page 9 of 27
1
matter does not require a second and is not debatable or amendable.
Immediately after the objection is made, a vote on sustaining the objection
must be taken. The obiection fails unless at least two-thirds of the
Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before
the Council when no other motion is pending. The actions listed in AMC
2.04.040C.4.a. may be undertaken while the main motion is pending, and, if passed,
may affect the Council's consideration of the main motion. A main motion requires
a second, is amendable and debatable, and passes upon a maiority vote in favor.
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the
remaining unfinished business to the agenda of the next regular meeting or study
session. It requires a second, is not debatable or amendable, and passes upon a
majority vote in favor.
e. Withdrawal. A motion may be withdrawn by the mover at any time before an
amendment is made to it or, if no amendment is made, before a vote is taken on it.
f. Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a
proposal to suspend consideration of a main motion and all pending related motions
until later in the same meeting in order to deal with another matter that has come
up unexpectedly and which must be dealt with before the pending motion can be
properly addressed. A motion to lay a matter on the table requires a second, is not
amendable or debatable, and passes upon a majority vote. Before the meeting
adjourns, a subsequent non-amendable, non-debatable motion may take the matter
from the table if seconded and passed by a majority vote in favor. If the meeting
adjourns without considering the tabled item, it will be continued to the next regular
meeting or study session in accordance with AMC 20.04.030E.
g. Division of a Motion. Any member may move to split a motion under
consideration into two or more independent motions that are taken up in sequence.
Each new motion is deliberated, possibly subiected to secondary motions, and voted
upon before taking up the next part. The mover may designate in the motion the
order in which the parts are considered. The motion requires a second, is
amendable, is not debatable, and passes upon a majority vote in favor.
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or
another body for further study and possible recommendations to the Council. The
motion requires a second, is debatable and amendable, and passes upon a majority
vote in favor. Any proposed amendments to a main motion on the referred matter
that are pending at the time are also referred.
i. Previous Ouestion. A motion to call the previous question is a proposal to end
debate on a pending motion. It precludes all amendments and debate on the
Ordinance No. Page 10 of 27
pending motion until it is decided. The motion to call the previous question is not
debatable or amendable and requires a second and a two-thirds vote in favor.
i. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a
particular future meeting, requires a second, is debatable and amendable, and
passes upon a majority vote in favor. One function of this motion can be to continue
consideration of an agenda item at a designated subsequent meeting,
k. Postpone indefinitely. A successful motion to postpone a matter indefinitely
prevents action on the matter for the rest of the meeting. It must be seconded, may
be debated, may not be amended, and passes upon a majority vote in favor. The
debate may address the substance of the main motion. A successful motion to
postpone a matter indefinitely does not preclude consideration of the matter at a
subsequent meeting if it is properly added to the respective agenda.
1. Amendment. Any main motion and any amendment to a main motion may be
amended to add or omit words. A proposed amendment must be germane, must be
seconded, and is debatable if the motion to be amended is debatable. The
amendment passes upon a majority vote in favor. Other amendments may also be
proposed, provided that they do not nullify the amendments already passed or
attempt to amend a motion to amend a motion to amend.
5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by
the presiding officer or the City Recorder.
6. Voting.
a. When a question or motion is put to a vote by the presiding officer, each
Councilor present must vote for or against the motion unless a maiority of the
Council excuses that Councilor from so doing. Unless excused from voting, a
Councilor who is present and does not vote for or against the motion shall be
counted as having cast a negative vote. The Mayor can only vote in the case of a tie,
and then is required to vote unless excused from voting by a majority of the
Councilors present. If the Mayor fails to vote when required to do, the Mayor shall
be counted as having cast a vote against the motion.
b. A simple majority of the quorum present determines the action on ordinance, or
resolution and on most motions. On questions required by City Charter, City
Ordinances, or applicable provisions of Robert's Rules of Order Newly Revised to
be decided by a two-thirds vote of the Council, approval requires an affirmative
vote of at least four Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for
reconsideration before adjournment of the meeting at which the action was approved or
at the next regular meeting, unless the item already has been approved or vetoed by the
Mayor pursuant to City Charter Article 4, Section 3. The motion must be seconded, is
debatable if the action under reconsideration is debatable, is not amendable, and passes
Ordinance No. Page 1 I of 27
upon a majority vote in favor. Any member may second a motion for reconsideration.
A motion to reconsider a Council action may be made only once. A vetoed item may
not be the subiect of a motion for reconsideration.
Section 2.04.050 Order of Business.
At the first meeting in January, after the roll call, the presentation of the Mayor's State of the
City address shall be first in order.
The Mayor or presiding officer may change the order of business on the agenda. The required
order of business has been established by ordinanee as The usual order of business
will be as follows:
A. Roll Call.
B. Approval of minutes of the previous meeting. If there are no corrections or objections to the
minutes, they shall be considered approved; otherwise, to be approved by vote. The minutes
as approved shall be signed by the Mayor and City Recorder.
C. Special presentations, proclamations and awards. This item on the agenda is used to
acknowledge special recognition and awards given to the City or for the Mayor to announce
proclamations, which serve to encourage and educate the community. Proclamations shall be
made and placed on the agenda at the discretion of the Mayor. Requests for recognition
under this agenda item should be submitted in writing to the Mayor.
D. Public Forum.
1. Public forum is to precede the consent agenda unless public forum is moved to later
in the agenda of a particular meeting by decision of the Mayor or presiding officer
or by temporary suspension of the rules pursuant to Section 2.040.010E.
2. Members of the public may speak during public forum about any topic not on the
agenda for the same meeting. The agenda for public forum is 15 minutes, unless a
majority of the Council votes to extend the time. On behalf of the City, any
Councilor may request that any matter discussed during public forum be placed on
a future Council agenda.
3. Public forum is not to be used to provide or gather additional testimony or
information on a quasi-judicial matter. Public testimonv will not be accepted on a
matter subject to a public hearing where the record has been closed if the matter is
still pending.
4. Persons wishing to speak during public forum are to submit a "speaker request
form" prior to the commencement of the public forum and deliver the form to the
City Recorder. The Mayor or presiding officer is to inform the audience on
requirements for submission of the form.
Ordinance No. Page 12 of 27
BE. Consent agenda. Routine business items may be listed by the City Administrator under this
item, which shall be acted upon in its entirety, except that the Mayor or any member of the
Council may request that any item be moved to the regular agenda under the appropriate
section of business.
EF.Public Hearings
L Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by
the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s)
for- one half hour until 9139 p.m up to 9:45 p.m., at which time the Council shall set a date
for continuance and shall proceed with the balance of the agenda.
2. Not more than two land-use appeal hearings shall be scheduled for any regular meeting of
the Council. The City Administrator may, in the administrator's discretion, schedule
additional legislative hearings depending on the anticipated length of the Council
meeting.
3. Persons wishing to speak at public hearin¢s are to submit a "speaker request form" prior
to the commencement of the hearing and deliver the form to the City Recorder. The
Mayor or presiding officer is to inform the audience of this requirement to submit the
form prior to the commencement of the hearing. No testimony will be accepted on public
hearings that have been closed.
z-rnv>-icro.imx
Publi. forum is an opportunity for the x...1.1:e to eomment on items whieh are not
-fle-h-Wed s-B the agenda. The agenda for publie forum is 15 minutes, unless a majority
4o ..1. to submit are the
a 1, ~.v waa.u request La mn a,aa Y..ta the a.,...,. Per-sons wishing
..a of the forum and deliver the for-fn prior- to the City Reeorder-. The Mayor- or- presiding offleer is to infer-m- At-, A-deenpp, on
requirements for submission of the form.
Member-s of the publie may spealE about any topie during the publie forum, unless th-e
tapie : indeed on the agenda for- the same meeting. if a member- of the publie wishes to
speak on an agenda item or publie hearing item th", may do so itt the time set aside
those topies.
Publi . {forum is not to be used to p vide or- gather additional testim on. information
matter.
Publie testimony will not be neeepted on a public hearing
here the reeord has been O osed if the matter is still pending
The Aii..yer will foal time limits for people who asik to ....1. during publie forum. in
genern! the time limits should be set to enable all people who wish to eemplete their-
testimony. Time limits shall not be so shei4 as to not allow speaker-s to nddr-ess their
f V 'aY'e
V~ ,Ythe Ashland eity limits. Persons who do not reside in the Citv mav be plaeed nt the en'
\VN Ordinance No. Page 13 of 27
of the list of 41..........ishine to s ....1...4 publie !'....um
G. Public Testimony on Agenda Items.
1. Members of the public who wish to speak on an agenda item that is not the subject
of a public hearing at the same meeting (See Section F. above regarding public
hearing testimony) may do so at the time set aside for that agenda item. If a
member of the public or a Council member has requested time to speak on a
consent agenda item, the presiding officer shall make time for a brief presentation
by the requestor prior to the Council's vote on the consent agenda.
2. Persons wishing to speak on an agenda item are to submit a "speaker request form"
prior to Council consideration of the agenda item and deliver the form to the City
Recorder. The Mayor or presiding officer is to inform the audience on requirements
for submission of the form.
3. The presiding officer will set time limits for people who ask to speak on agenda
items. In general the time limits should be set to enable all people who wish to
present testimony. Time limits shall not be so short as to not allow speakers to
address their topics.
GH. Unfinished business.
III.New business.
IJ. Ordinances, resolutions and contracts.
a1. Every ordinance is to be enacted in accordance with Article X of the City Charter.
Copies of the ordinance shall be e-mailed to Council members and the Mayor at least
fourteen days prior to the meeting. Council members may review the ordinance and
forward suggestions for changes to the City Attorney for consideration. Minor changes
may be incorporated, substantive changes will be considered at the time of first reading.
Any substantive changes to the ordinance must be verbally noted at first reading.
Council members must submit comments to the City Attorney no later than 12:00 noon
on the Wednesday prior to Council meeting.
Titles of lengthy ordinances will be Lengthy ordinances may be read by title only at
Council meetings if the Ordinance title has been published in the local paper at least
seven days in advance of the Council meeting -thus allowing the °-as°°°°° to be
by title only at the Couinpil rneeting.
b2. Resolutions may be placed on the consent agenda and voted upon. Resolutions do not
require a roll-call vote.
e3. The voting on all ordinances may be by roll-call vote and recorded in the minutes
showing those numbers voting for and those voting against.
JK. Other business from Council members.
Ordinance No. Page 14 of 27
Section 2.04.060 Identification of Fiscal Impact of Policy Decisions,
A. When the City Council adopts a program or policy, it shall indicate how it expects that
program or policy will be funded; e.g., which existing taxes or fees the Council expects to
increase and by how much, or which current City programs or department expenditures the
Council expects to reduce to fund the new program or policy. However, if the Council
cannot reasonably identify a potential funding source, it shall so indicate.
B. As used in this Section the term "program or policy with significant revenue implications"
includes an ordinance or a resolution in which implementation may entail expenditures in
any budget year in excess of one and one-half percent (1.5%) of the City's annual General
Fund budget, and which may require an increase to existing taxes or fees or an imposition of
new taxes or fees.
C. The provisions of this Section shall not apply to extraordinary expenditures in situations of,
or necessitated by, public emergencies.
Seetion 2.04.070 Rights of Citizens
Gitk~ens Fna), speak en aii), iteffl net en the agenda during public forum. Any eitizen has the right
may FeEluest the item be plaeed en a fattire agenda.
Section 2.04.080 Conduct with City Employees,
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
A. Councilors may make inquiries of staff to increase their understanding of an issue or action.
Councilors should limit requests for information from staff to questions that may be
answered with minimal research. Requests that require significant staff time or resources
(two hours or more) should be directed to the City Administrator and must be approved by
the Mayor, City Administrator, City Attorney or by a majority vote of the City Council.
B. Written information given by the Mayor, Councilors, City Administrator, City Attorney, or
City Staff, including materials requested by individual Councilors and the Mayor, generally
will be distributed to all Councilors with a notation indicating who has requested that the
information be provided.
C. Individual Councilors should respect the separation between policy-making and
administration. They Councilors shall not pressure or direct City employees in a way that
could contravene the will of the Council as a whole or limits the options of the council. They
Councilors must not interfere with work performance, undermine the authority of
supervisors, or prevent the full eCouncil from having access to relevant information.
Notwithstanding this paragraph, nothing shall hamper the Council's ability to evaluate the
performance of the City Administrator or the City Attorney.
D. The Mayor and council members should strive not to criticize any person in a public meeting
or in public electronic mail messages. The same expectation applies to City staff in the
exercise of their official duties. Discussions and disagreements should focus on the content
Ordinance No. Page 15 of 27
of the topic at hand. Nothing should limit a Councilor or staff person' s right to report
wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express
that concern to the Mayor, City Administrator, City Attorney.
Section 2.04.090 Commissions and Boards.
A. Establishing Commissions and Boards.
Commissions and boards originate from different sources, including Oregon State Statute, City
Charter and Municipal Code; others are established by direction of the Mayor or the City
Council. Establishment and description of the Recreation Commission, which is not an
appointed commission, is described in City Charter Article XXII and in AMC 2.16.
Advisory Commissions and Boor Appointed advisory commissions and boards and other
advisory bodies which are permanent {regular} shall be eedi€ied described in other sections
of AMC Chapter 2 and designated as "Regular" boards, commissions, or advisory bodies. These
shall including but -,et include but not be limited to Forest Lands Commission, Planning
Commission, Transportation Commission, Planning Hearings Board, Publi.. B°°"°ation
Commission, Public Arts Commission, Conservation Commission, Ashland Airport
Commission, Housing and Human Services Commission, Historic Commission, Tree
Commission, and the Municipal Audit Commission. AMC 2.10 contains code eammen
applicable to all Appointed Comm- 0°°'°°° And Be -a° Regular and ad hoe commissions,
boards, task forces and other advisory bodies.
B. Ad-hoc Committees °°aTask 3.
The Mayor shall have the authority, with the consent of the Council, to form ad-hoc committees
or task forces to deal with specific tasks within specific time frames. Such ad hoc committees er
tt°°' forees shall abide by uniform rules and procedures set forth in AMC 2.10 and such other
rules as prescribed by the order establishing such ad hoc entities. Committees o- task gees
shall make recommendations by way of a formal report to the City Council. The Mayor or City
Administrator may refer matters to the appropriate ad hoc committee or task fore e. The Mayor
with the consent of the Council shall appoint the membership of such committees or task forces.
Members of Regular Boards and Commissions may be appointed to ad hoc committees and task
€erees. The City Administrator shall by order establish the ad hoc body's scope of the work and
rules of procedure, if necessary. The Council has the authority to follow the recommendations,
change the recommendations, take no action, remand the matter back to the ad hoc body or take
any other action it sees fit. The Council by majority vote may remove a member of an ad hoc
committee o- to ee at any time, with or without cause. The City Council by majority vote
may amend or dissolve an ad hoc committee m task for-a.
C. Regular Commission and Board Membership Appointments.
Except for the Municipal Audit Commission (AMC 2.11) all Regular advisory committees and
boards not required by state law to be appointed by the City Council shall be appointed by the
Mayor with the consent of the Council. The Mayor may request assistance or recommendations
from Councilors in making appointments. In the Mayor's absence, any necessary appointment
may be made by the presiding officer with the consent of the Council. When necessary, the
Mayor shall stagger the initial expiration of terms of appointees, such as in the case of a new
Ordinance No. Page 16 of 27
commission or board. The Mayor shall not appoint; nor shall the Council consent to the
appointment of a person to more than two (2) regular board or commission positions at a time.
This rule shall not apply to the Planning Hearing Board. Because broad citizen participation is
encouraged, the Mayor and Council shall give due consideration to appointment of new qualified
members before re-appointing a person to more than three (3) two (2) full terms on any single
regular board or commission.
D. Mayor Membership on Ashland Budget Committee.
For the purpose of local budget law, the Mayor is a member of the governing body of the City of
Ashland. and shall be a voting member of the budget committee.
E. Student Membership on Regular Commissions. and Boards.
The Mayor with the consent of the City Council may add to the membership of any city
commission or board up to two positions for student liaisons. The student liaisons shall be non-
voting ex officio members of their respective commissions or boards. Once the liaison positions
have been added, the liaison from the high school shall be a high school student chosen by the
Ashland High School Leadership class and the liaison from the university shall be a university
student chosen by the Associated Students of Southern Oregon University Student Senate.
Student Liaisons need not be appointed to every advisory commission or board.
F. Regular Membership Removal Process.
The City Council, with or without cause, may by majority vote of the City Council at a regular
meeting, remove any regular commission or board member prior to the expiration of the term of
the appointment. Written notice of removal to the affected member shall be provided. Removal
shall be handled with respect and courtesy. If a member resigns or is removed, the Mayor shall
appoint a replacement for the remainder of the term in accordance with paragraph C. above.
Notwithstanding the above procedure, removal of a Planning Commissioner shall be governed
by the procedures in ORS 227.030 and removal of any member of the Recreation
Commission or the Planning Commission is not subject to this section. Hearings under ORS
227.030 are hereby delegated by the governing body to the City Administrator or Hearings
Officer in accordance with the AMC 2.30, the Uniform Administrative Appeals Ordinance.
G. Changing or Dissolving a Regular Commission, Committee or Board.
After the any Regular commission, eommittee or board or other advisory body has been
formed and codified, any change or dissolution requires an ordinance amending the Municipal
Code.
Section 2.04.100 Council Liaisons to City Advisory Boards and Commissions.
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council ILiaison is to facilitate communication between the City
advisory body and the Council. A Council Liaison is an ex officio non-voting member of
the advisory body, not a regular voting member and shall not serve as Chair, unless the
Ashland Municipal Code specifically requires the Liaison to serve as Chair or in a voting
capacity. Notwithstanding. the above, the Council Liaison to the Planning Commission
shall be considered a non-member Liaison and not an ex-officio member as regards
quasi-judicial matters.
Ordinance No. Page 17 of 27
2. City Councilors serve as liaisons to City eommissions and boards, as • ell °a bee
itte and `ask Forees the City's Regular and ad hoc advisory bodies and are
expected to represent the full City Council objectively and accurately in interacting with
the such entities.
3. City Councilors may attend meetings of City Advisory Boards and Commissions an'
other ad hoe entities the City's Regular and ad hoe advisory bodies as citizens of
Ashland. When attending as a citizen, Council members must identify their comments as
personal views or opinions not a representation of City Council policy.
B. Attendance.
Liaisons should attend aN r-Regular meetings of the Commissions and Board or Ad hoe
Committees or- Task Forees Regular and ad hoe advisory bodies to which they have been
assigned as time permits and should make special efforts to attend meetings in response
to specific requests to participate in discussions on topics the Council may need to be
aware of or provide input on. attending,
the liais'&n
shou'd find fln alter-note to attend or review the video or other reeord of the proeeeding.
in the event of a eontinuing seheduling eenfliet, the Liaison should ask the Mayor to bee
reassigned. Liaisons shall not attend quasi-judicial proceedings when the final appeal or
final decision is or could come before the City Council.
C. Deliberations.
The City Council values diversity of opinion. A significant role of an advisory body is to
represent many points of view in the community and to provide the Council with advice
based on a full spectrum of concerns and perspectives. Accordingly, Council liaisons to City
advisory bodies should not attempt to direct debate, lobby, or otherwise influence the
direction or decisions of any advisory body bodies to which he or she has they have been
assigned. Council liaisons are encouraged to field and answer questions as appropriate for an
ex-officio member of the advisory body. Undue influence over the decisions of any City
advisory body shall be grounds for removal of a Liaison assignment under paragraph I
below.
D. Respect for Presiding Officer.
City Councilors attending advisory body meetings as liaisons shall accord the same respect
toward the Chair and other members as they do towards the Mayor, Presiding officer or each
other.
E. Council Information.
City Councilors will inform the advisory bodies to which they have been appointed liaison of
about Council agenda items and Council decisions that may be of interest to the advisory
body. Liaisons shall also encourage advisory board members to attend Council meetings to
keep abreast of Council action, policy matters and the activities of the eity Cam. To
faeffitate the aboVe, and notwithstanding any other provision of the Code, the Chair of
an advisor-y bed), shall per-iodienily phtee on the Agenda for the advisoff body, fln itent
labeled "Report of Catineil biaison2-.
F. Role of Liaison as Regafds Advice on Filling Vacancies.
The Council ILiaison for each advisory body, together with the advisory body chair and
assigned staff liaison will make recommendations to the Mayor for appointment of citizens to
fill vacancies on their respective advisory bodies.
Ordinance No. Page 18 of 27
G. Reporting to the Couneil.
Conned liaisons shall periodienliv revor-t to the entire Counei' on sieftiAP-Hant and
0 moortant aetivities of each advison, bodv to which thev have been as
advisory bodv should be invited to give a short annual presentation to the GO,
11G. Liaison Appointment Process and Term.
The Mayor will appoint a Councilors to act as a Council ILiaisons to each and every
Regular advisory commission or board. Councilors interested in a particular subject area
should inform the Mayor of their interest and the Mayor should take the expression of
interest and/or a Councilor's preference into account when making appointment decisions.
Liaison appointments shall be for a term of one year unless otherwise expressly stated.
Appointments are generally made on an annual basis in January and the Mayor shall make an
effort to rotate liaison assignments if there is more than one Councilor expressing a
preference for an specific appointment.
1H. Removal from a Liaison Assignment.
The Mayor or a Councilor may be removed for any reason from a specific liaison position or
assignment upon two-thirds vote of the entire Council.
Section 2.04.110 Council Representatives to State, Regional, Community and other
External Organizations.
A. Role and Responsibilities of Council Representatives.
1. City Councilors may be appointed, either by the City or by another entity, to serve as the
City of Ashland's repr-esentativ Representative to State, Regional, and Community
organizations. In all cases, the City's representative Representatives will follow the
bylaws and guidelines for service of the organization to which they have been appointed.
2. The purposes of serving as an official Representative to State, Regional, Community, and
other external organizations are to ensure effective working relationships with other
agencies and organizations, ensure that Ashland uses all possible avenues to achieve
community goals; achieve City Council goals both within the community and in the
Rogue Valley; protect the home rule authority of the City of Ashland to make decisions
that are best for the community; ensure that key City revenue streams are protected; and
secure federal and state funds for projects that benefit the City of Ashland and other
community institutions.
3. City Councilors are expected to represent the full City Council in their work as City
Representatives. If the Council has an approved position on a matter under
discussion, the Representative shall articulate and, if called upon, vote in favor of
that position. If the City Representative is asked to take an official position on an
issue that affects the City of Ashland and the City' s official position is unknown or
unclear, the City Representative should request that the item be placed on a City
Council agenda in accordance with AMC 2.04.030 for full City Council action. If
the Council has not approved an official position and has not had the opportunity to
confer with the City Representative on a matter under deliberation in the subject
Ordinance No. Page 19 of 27
external organization, the Representative shall make a good-faith effort to reflect
what the Representative believes the full Council's position would be if the Council
were to consider the matter, regardless of the Representative's personal views.
Representing a position other than the off eial position of the Cit~, of Ashland
Conduct contrary to the guidelines in this subsection is grounds for removal under
paragraph E.
4. City Representatives serving as voting members on another organization's Board of
Directors (such as the Rogue Valley Council of Governments) should work in the best
interest of that organization unless such action would not be
in the best interest of the City of Ashland. When presented with a eenfliet the-member
5. if the City Couneilar sen,ing as a Repr-esentative is asked to take an offieift! position
on an e that affects the City of Ashla d and the City' official position is
unlEnown or unelear-, the City Couneilor- should request that the item be plaeed on a-
City /'....neil enda in ..dan,.e with A A4C 7 04 030 for fall City !`,...neil notion
If the City Representative has an actual or potential personal conflict of interest, as
defined in Oregon Ethics Law, the Representative must fully comply with the
applicable requirements of Oregon Ethics Law and City ethics ordinances.
6. City Council members may attend meetings of state, regional, and community
organizations as citizens of Ashland. When attending as a citizen, Council members must
identify their comments as personal views or opinions not a representation of City
Council policy.
B. Attendance.
Representatives should attend all regular meetings of the organizations to which they have
assigned. In the event a Councilor has difficulty attending, the Representative should find an
alternate to attend on the City's behalf. In the event of a continuing scheduling conflict, the
City Representative should ask the Mayor to be reassigned.
C. Reporting to the Council.
Council Representatives shall periodically report to the entire Council on significant and
important decisions activities of each state, regional, and community organizations to which
they have been assigned. Council members may also request that representatives of these
organizations may be invited to give a short annual presentation to the Council.
D. City Representative Appointment Process and Term.
I. The Mayor will appoint a Councilor to represent the City to state, regional, and
community organizations to which the City is entitled to an official delegate. The City
Council shall confirm these appointments.
2. The Mayor and City Councilors may also be invited by external organizations to
represent either the City of Ashland or "Cities" in general. In these cases, the Mayor or
Councilor that has been asked to serve will inform the City Council in a regular meeting
of the assignment and request that the City Council confirm the appointment.
Ordinance No. Page 20 of 27
3. Councilors interested in a particular subject area should inform the Mayor of their interest
and the Mayor should take the expression of interest and/or a Councilor's preference into
account when making appointment decisions. City Representative appointments shall be
for a term of one year unless otherwise expressly stated. Appointments are generally
made on an annual basis in January and the Mayor shall make an effort to rotate liaison
assignments if there is more than one Councilor expressing a preference for aft specific
appointment.
E. Removal from a Representative Assignment.
The Mayor or a Councilor may be removed for any reason from a specific representative
position or assignment upon two-thirds vote of the entire Council.
Section 2.04.120 Councilor Expenses.
A, The City will reimburse a Councilor or the Mayor for expenses that are directly related to
City business in accordance with the City's reimbursement policy. Councilors are required to
submit all statements as required by ORS 244.
Section 2.10.005 Purpose.
Advisory commissions and boards (advisory bodies) require uniform rules, policies and
operating procedures to assure maximum productivity and fairness for members and the public.
Except where otherwise provided in this Code, the following policies and procedures govern all
the City's commissions and boards, as well as ad hoc entities. Nothing herein removes the
requirement for compliance with more specific regulations and guidelines set forth by state
statute, administrative rule, ordinance, or resolution specific to the advisory body. These rules
do not apply to the elected Parks and Recreation Commission.
Section 2.10.020 Terms, Term Limits and Vacancies.
All successors to original members of an advisory commission or board, shall have a three (3)
year term, except as otherwise provided in the appointment order. Notwithstanding the three
year limitation, Planning Commissioners shall serve serve for terms of four (4) years with
terms expiring on April 30 of the fourth year, and Budget Committee members not on City
Council shall serve for terms of four (4) year terms, with terms expiring on June 30 the
fourth year. All other regular terms shall commence with appointment and shall expire on
April 30 of the third year, unless otherwise provided in the appointment order. The appointing
authority may stagger terms in the original appointment order as necessary. Members may serve
three (3) two 2 terms on any single commission or board, after which time the Mayor and
Council will give due consideration to other qualified candidates before making a reappointment.
Any vacancy shall be filled by appointment by the Mayor, with confirmation by the City
Council, for any unexpired portion of the term as provided in AMC 2.04.090C.
Section 2.10.025 Meetings and Attendance.
A. Unless otherwise provided by law, the number of meetings related to business needs of an
advisory commission, or boards may be set by the advisory body.
B. meetings, All memnh-ers are expeeted to attend all regular-!), seheduled
study sessions and
speeial meetings, when applienble if a member Ali!! be absent from a meeting, the
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member must notib, the ehair or- the staff liaison at least two hours prioF to the meeting.
Any member who has two or more unexpused Hh-senees in a six month period ji.e.
jams..... 1 une 30 or my 1 December 211 shall be considered in netive and the position
11HIPailt r'••'•ther n member- not attending n minimum of 1.. a thirds (2/2) of all
scheduled meetings (inelusiy^ of stud), sessions and special meetings) shall 6n
eonsidered innetive and the position The Planning Commission and Budeet
Committee shall set their own meeting attendance requirements. All members of other
Regular or ad hoc advisory bodies are expeeted to must attend an at least seventy-rive
percent (75"/x) of the full advisory body's regularly sehedul noticed meetings, study
sessions and special meetings in each full year of their tenure and must not miss more
than two consecutive noticed meetings in the first or second half of any calendar year.
A person removed from the advisory body for non-compliance with attendance
requirements subsequently may be appointed to rill the vacancy on the advisory body
by means of the normal appointment process of that advisory body.
C. A member should provide at least 48-hour notice to both the chair of the advisory body
and the staff liaison regarding any planned absence from a scheduled meeting of the
advisory body. In the event an unexpected emergency will cause a member to be absent
from the meeting, the member must, if possible, notify the chair or the staff liaison
within a reasonable time in advance of the meeting.
D. Generally, advisory bodies may not allow alternates to represent or stand in for a
member at a meeting. Notwithstanding the foregoing preclusion of alternates, on
Regular and ad hoc advisory bodies with some members who are appointed by an
entity other than the Mayor and City Council and who serve as a representative of the
appointing entity, an alternate may participate and vote for the named member by
proxy at any meeting of the advisory body. Such participation by the alternate will be
deemed to be attendance by the named member. Individuals directly appointed by the
Manor and approved by the Council may not be represented by alternates.
E. Each advisory body should review member Aattendance shall be ...^d by the
eommission or board during the gula«I.. sehe lined •eetings in Tams...., and 7..1., with
a-rep^sent to and report to the City Recorder approximately every six months. Cily
Recorder will advise the Mayor and ~~.a amity Council advising of on the need for appointments
or re-appointments, if necessary.
Section 2.10.040 Quorum and Effect of Lack Thereof
A meeting quorum shall consist of more than one-half of the total
number of authorized members of the body, including any vacant positions. Non-voting ex
officio members, staff and liaisons do not count toward the quorum. A majority of the quorum
is neeessary to adopt an), motion; Members need not be physically present at a meeting if
another means of attendance (e.g. telephonic, intemet etc.) has been established by the
membership and public meetings law requirements are met. At least a majority of the quorum
is necessary to adopt any motion; some motions require the affirmative vote of at least two-
thirds of the members present. If the members in attendance do not constitute a quorum,
staff or invitees may make informational presentations provided (1) Notes describing the
Ordinance No. Page 22 of 27
presentations and discussions are made and posted on the City website; (2) no deliberation
towards a decision or any other official business takes place; and (3) all matters topics
advertised shah are automatically be motioned to added to the agenda for the next regularly
scheduled meeting.
Section 2.10.050 Election of Officers, Secretary, and Subcommittees.
At its first meeting following the appointment or reappointment of members each year, of
the year the advisory commission or board shall elect a chair and a vice-chair who shall hold
office at the pleasure of the advisory body. Neither the chair nor vice-chair shall serve as an
officer for more than two three consecutive annual terms. Without the need for an
appointment, the head of the City Department staffing the commission, committee or board shall
be the Secretary and shall be responsible for keeping an accurate record of all proceedings. The
Department head may delegate such tasks to a staff liaison. Subcommittees may be formed for
the purpose of gathering information and forming a recommendation to be brought forward to
the full advisory body. Providedd h&wP°°-, °Only the full body can make recommendations to
the City Council. Subcommittees must comply fully with the requirements of Oregon Public
Meetings law.
Section 2.10.060 Agendas and Minutes.
The chair or staff liaison will be responsible for timely preparation and posting in advance the
agendas of all meetings of advisory commissions and boards on the City's website. A member
or staff liaison will be responsible for taking minutes and getting them he posted on the eCity's
website, generally within a few days after the meetings. Members are encouraged to access
those documents from the web site. Staff will email or mail documents to members upon
request. If the advisory body has a current Council Liaison, the Liaison shah periodieally
should be given the opportunity to report to the commission or board periodically.
Section 2.10.065.- Goals.
Advisory commissions and boards are encouraged to establish annual goals and action items that
reflect the body's charge as stated in the specific commission ordinance. Advisory bodies are
expected to suggest, support and advance Council goals and are encouraged to look for ways
within their own unique responsibilities to do so.
Section 2.10.070 Rules and Regulations.
The advisory commission or board may make such rules and regulations as are necessary for its
governance, including the conduct of meetings, when not inconsistent with Ashland City
Charter, Ashland Municipal Code or Oregon law. These rules may be less formal than the
meeting procedure rules in AMC 2.04.40 Robei4s Rules of Or-der. In the event of conflicts
that cannot be resolved less formally, Roberts Rules of Orde AMC 2.04.040 shall be used as
the standard for meeting rules and procedures. Failure to strictly follow comply with Roberts
Rules of Or-de` the rules on meeting procedure in AMC 2.04.040 shall not be cause to void or
otherwise disturb a decision or action. The body will strive to be clear in its proceedings.
Ordinance No. Page 23 of 27
Sectimon s.1 Deliber-a hens
vcc~r+0 v.-085 o~
it is 41....1..4y of 41.....1...:.. o sidi..g o f fleet to ensure that ......h member has the
oppor-tunity to speak. Alembers speak only for themselves and shall be open, dir-eet and
candid. Members shall strive to deliberate to fk deeision and shall r-ely upon the chair to
keep the diseussion moving. No member shall speak more than onee until every member
ehoosing to speak shall have spolken off- i.A.,flived thei-r- right to do so. No member- shall speak
mo e than PA,iee on the same motion without leave of the presiding offieer.
Section 2.10.105 Reports.
A. Each Aadvisory commissions and boards body shall submit copies of its meeting minutes
to the City Recorder for presentation to the eCity eCouncil . and shall prepare and
submit such reports as from time to time may be requested by the Mayor and City
Council.
B. The chair of each advisory body is expected to give at least one report to the City
Council each year on the advisory body's accomplishments, work in progress, and
planned activities. In addition, the Mayor or City Council may from time to time ask
chairs for information and recommendations on matters within the scope of their
advisor bodies. Chairs' reports to the Council are to be objective and representative
of the majority views of the memberships of their advisory bodies.
C. Council Liaisons may report to the entire Council on significant and important
activities of any advisory body to which they have been assigned.
D. Staff Liaisons to the advisory bodies may assist in preparing such reports.
E. Unless otherwise expressly provided in the Ashland Municipal Code or State Law, all reports
or recommendations of City advisory bodies committee shall be considered advisory in nature
and shall not be binding on the mMayor or eCity eCouncil.
Section 2.16.010 Publie Recreation Commission - Purpose of Chapter.
The purpose of this chapter is to implement Article XXII of the Ashland City Charter which
provides for a Recreation Commission.
Section 2.16.020 Publie Recreation Commission - Organization.
The Recreation Commission shall meet and organize itself by selecting one or more of its
members as Chair and such other officers as they deem necessary. The Commission has power
to adopt By-Laws, rules and regulations for the proper conduct of public recreation in the City.
Section 2.16.030 Publie Recreation Commission - Duties.
The Publie Recreation Commission shall coordinate, as far as possible, the recreational facilities
now within the City, or hereafter to be constructed or created, with the object and purpose of
promulgating a central plan in which all public boards and agencies, as well as private
organizations, may participate. The Commission shall have the power to conduct any form of
recreation or cultural activity will employ the leisure time of the people of Ashland and vicinity
in a constructive and wholesome manner.
Ordinance No. _ Page 24 of 27
Section 2.16.040 Puublie Recreation Commission -Recreation Director.
The P-ublie Recreation Commission has the power to appoint or designate some individual to act
as recreation director who is trained and properly qualified for the work and such other personnel
as the Commission deems proper. The Publie Recreation Commission shall, at the proper time
annually, submit a budget estimate to the Mayor and City Council for their approval. The
Commission may also solicit or receive any gifts or bequests money or other personal property,
or any donation to be applied, principal or income, for either temporary or permanent use for
playgrounds or other recreational purposes.
Section 2.16.060 P-ublie Recreation Commission -Reports.
The Public Recreation Commission shall make full and complete monthly and annual reports to
the Mayor and City Council and such other reports as from time to time may be requested of
them by the Mayor and City Council.
Section 2.18.10 Established Membership (Conservation Commission).
The Conservation Commission is established and shall consist of nine (9) voting members
including one representative of the solid waste franchisee for the city; and one representative
from Southern Oregon University; and one representative from the Ashland School District and
six (6) other voting members. At least five (5) of the other members shall reside within the city.
The commission shall also consist of certain non-voting ex officio members, including the mayor
or one council member serving as council liaison, the Department of Community Development
Director and the Electric Utility Director, the Director of Public Works, the Building Official and
City Administrator. The Eleetrie Utility Director- shall sere as the primary staff Liaison a
Seer-eta", of the Commission. The primary staff liaison shall be appointed by the City
Administrator and shall serve as Secretary of the Commission. Voting members shall be
appointed by the Mayor with confirmation by the City Council.
Section 2.28.100 Electric Utilities Department - Functions.
The functions of the Electric Utilities Department are the construction, operation, and'
maintenance of the electric distribution system; the installation. of all new lines, services and
meters; the maintenance of the hydro-generation plant; the preparation and submission of
proposed work programs including estimates of cost; and the installation, maintenance and
operation of all electrical equipment and facilities of the City, and the implementation o
programs for enef*, eensen,ation required by state or- federal law, or- as approved by
City counei
Section 2.28.130 Finance Department - Functions.
The functions of the Finance Department are the administration and collection of various City
taxes, licenses, and permits and the administration of ordinances and state laws applicable
thereto; the receipt and safekeeping of all City money; preparation and control of the City
budget; procurement of materials, supplies, equipment and services for all departmentsxeept
the Parks and Ree-eation C,... mi ; receipt, storage and issuance of supplies, materials and
equipment; the disposal of surplus property; fiscal and property accounting for all departments
exeept the Ashland Parks and Reereation Commis ; data processing; financial estimating,
planning and programming; billing and collecting; investment of temporarily idle funds in
cooperation with the City Recorder; dispatching of utility connect and disconnect orders; risk
Ordinance No. _ Page 25 of 27
management and insurance administration; ° ration of the sw it,d.l.eard; . ordination of the
eleaning, maintenance and repair- of all public buildings belonging to the City used fo
warehouse,
general administrative purposes, establishing and operating a eentralized general administration and- ntrol of the Cemet°.... T,.partment; the performance of
all
duties prescribed by the City Charter and ordinances and the laws of the State for those officers
and officials included in the Finance Department; and the performance of such other functions as
may be assigned by the City Administrator or prescribed by the City Council.
Section 2.28.340 Public Works Department - Functions.
The functions of the Public Works Department are the construction and maintenance of all
streets, alleys, sidewalks, paths, bike paths, rights-of-way, and courts now open or which
hereafter may be opened; the cleaning of streets; the construction, maintenance, and operation of
the sewer and storm drain systems; the maintenance and operation of the sewage disposal plant;
the construction, maintenance and operation of the water distribution systems, the maintenance
and operation of the water filtration plant; the supervision of all work done on streets, alleys, or
other public ways, land, buildings, or other structures by anyone other than the City; supervision
of the repair and maintenance of all motor equipment of the City, exeept equipment of the
Parks and Recreation Commission; the performance of traffic engineering; the planning,
improvement and maintenance of the Ashland Municipal Airport; the performance of all phases
of engineering work required in connection with all the functions of said Department; the
keeping of records of all surveys and measurements made, which records shall be open for public
inspection.
Section 2.28.354 Community Development Department- Functions.
The functions of the Community Development Department are the preparation and maintenance
of the Comprehensive Land Use Plan of the City as required by State Law; the preparation of
ordinances, policies, maps and studies implementing said plan; the processing of applications for
planning actions set forth in Title 18 of this Code; with the assistance of the Police Department,
the enforcement of all laws, ordinances and regulations governing the erection and occupancy of
buildings and structures, and the alteration of or additions to buildings and structures as required
in Title 15 of this code; and, with the assistance of the Police Department, the enforcement of all
laws and ordinances governing zoning and land-use as set forth in Title 18 of this code;; and the
development and implementation of eneF*, eonservation programs as may be appr-oved4_+y
the City "d..inis`ra`or or City Coune:l
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections [Nos. 2-3] need not be codified, and
the City Recorder is authorized to correct any cross-references and any typographical errors.
Ordinance No. Page 26 of 27
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 2014,
and duly PASSED and ADOPTED this day of 2014.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 2014.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. _ Page 27 of 27